Topic: ISDS reform

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

ISDS: a shield for the criminal and corrupt?

In the wake of a journalistic exposé of investment treaty arbitration that claims it "helps executives convicted of crime escape punishment", leading international lawyer Geoffrey Robertson QC has acknowledged that international arbitration and crime increasingly collide, posing challenges for arbitrators and practitioners and from a public policy perspective.

14 September 2016

States sign Mauritius Convention on Transparency

17 March 2015

Kahale calls for overhaul of BIT system

11 April 2014

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