Topic: ISDS reform

IBA committee publishes report on ISDS reform

The International Bar Association’s subcommittee on investment treaty arbitration has released a long-awaited report proposing solutions aimed at improving its consistency, efficiency and transparency and weighing up the idea of replacing it with a permanent investment court.

03 December 2018

UNCITRAL working group to move focus to reforms

After a year identifying concerns about the investor state dispute settlement in its current form, UNCITRAL’s Working Group III has agreed to proceed to the reform of the system in what one commentator has called “a watershed moment.”

05 November 2018

ICSID unveils draft of new rules

The International Centre for the Settlement of Investment Disputes has unveiled proposals for what it calls the most far-reaching amendments to its rules in over 50 years – including new provisions on transparency, arbitrator disclosure, security for costs and third-party funding.

03 August 2018

Radical proposals in draft Netherlands Model BIT

UPDATED WITH LINKS. The Netherlands has published a new draft model bilateral investment treaty, which abandons the system of party-appointment of arbitrators and prohibits “double hatting” (acting as both counsel and arbitrator) in investment disputes, among other striking and possibly trail-blazing changes.

16 May 2018

ICJ “moonlighters” exposed in report

UPDATED. At least seven current and 13 former ICJ judges have moonlighted as arbitrators in treaty-based investor state dispute settlement cases during their time on the bench according to a newly published study – threatening to undermine the court’s reputation “as the highest authority on public international law”.

27 November 2017

NAFTA talks make little headway as US updates objectives for ISDS reform

The latest round of renegotiations of the North American Free Trade Agreement have come to an end with no real sign of progress, although the administration of US president Donald Trump has updated its objectives with regard to the reform of investor-state dispute settlement among other matters.

22 November 2017

Kaufmann-Kohler and Potestà produce new report on ISDS reform

In a follow-up to a report for UNCITRAL last year, Gabrielle Kaufmann-Kohler and Michele Potestà have once again considered the proposed reform of the investment dispute settlement system through the introduction of a multilateral investment court and appeal body – looking at questions surrounding their composition.

21 November 2017

Mauritius Convention ushers in new era

The Mauritius Convention on Transparency has entered into force today after being ratified by Mauritius, Canada and Switzerland – meaning a commitment to transparency will become part of the treaty-based investor-state dispute settlement regime of these three states.

18 October 2017

GAR Live lookback: Donovan considers challenges to legitimacy of ISDS

Ahead of GAR Live BITs next week, GAR looks back at last year's event, when Donald Donovan told delegates that the fundamental challenge of investor state dispute resolution is not over-application of the fair and equitable treatment standard, but the lack of predictability in applying it.

18 May 2017

ICSID secretary general's top priorities for reform

Meg Kinnear, secretary general of the International Centre for the Settlement of Investment Disputes, has outlined six priority areas for rule reform at an event in New York.

03 May 2017

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