Topic: ISDS reform

A survey on investor-state dispute settlement (ISDS) reforms released by Queen Mary University of London has found that investors support the introduction of a code of conduct for arbitrators – but not the creation of a multilateral investment court.

28 October 2020

The 2020 Virtual ITA-ASIL Conference took the form of an interview with UNCITRAL legal officer Corinne Montineri about the progress of Working Groups II and III in developing expedited arbitration rules and reforms to investor-state dispute settlement. Lucy Winnington-Ingram of Reed Smith in London reports.

11 September 2020

The European Commission has published its proposals for modernising the Energy Charter Treaty, which include a strengthening of states’ right to regulate, a new fair and equitable treatment standard and a ban on punitive damages.

28 May 2020

In the wake of most EU member states agreeing to terminate their intra-EU bilateral investment treaties, the European Commission is inviting feedback on the current framework for cross-border investment in the EU.

26 May 2020

ICSID and UNCITRAL have released a long-awaited draft code of conduct for adjudicators in investment disputes – including proposals on double hatting, limitations on the number of cases that can be heard simultaneously and sanctions for unethical behaviour.

01 May 2020

Paschalis Paschalidis, a former référendaire at the European Court of Justice who is now senior associate at Shearman & Sterling in Paris, argues the investor community should stop lamenting the imminent termination of intra-EU BITs and seize the opportunity to push for the creation of a European investment court.

10 February 2020

Negotiations will begin next month on the modernisation of the Energy Charter Treaty following wide-ranging proposals for reform by its signatories.

14 November 2019

ICSID has published the third draft of proposed amendments to its procedural rules following consultation with states and the public over the past year – with further changes to provisions on transparency, security for costs and third-party funders.

19 August 2019

The European Commission has sought a mandate to negotiate the modernisation of “outdated” investment protection provisions in the Energy Charter Treaty – with the aim of minimising the number of investor claims over legitimate public policy measures.

15 May 2019

The Court of Justice of the European Union has ruled that the investor-state dispute settlement mechanism in the EU-Canada free trade agreement known as CETA – including provisions for an “investment court system” – is compatible with EU law.

30 April 2019