bilaterals.org logo
bilaterals.org logo

reformed ISDS


Investor-state dispute settlement in Africa and the AfCFTA Investment Protocol
With the growing concern over the traditional ISDS system, it is highly unlikely that the AfCFTA will include an ISDS mechanism giving investors access to go to international arbitration under conventional international tribunals.
PAW2020: The future of ISDS in Africa
African states need to take a unified and proactive approach to investor-state dispute settlement (ISDS), in order to make a system that is fairer to Africa and more consistent.
Revisiting BITs in the wake of Covid-19
Amidst the global risk of ISDS claims, it is incumbent to shed light on Bangladesh’s BIT structure and its feasibility to confront ISDS claims in the backdrop of Covid-19 regulatory space.
Morocco’s new model BIT: Innovative features and policy considerations
In the face of the increasing number of claims brought by investors against host states on the basis of BITs and the exorbitant amounts awarded to investors, Morocco has undertaken a review of its model BIT using a flexible and rational approach.
EU Commission launches public consultation on protection of intra-EU investment
The EU Commission has launched a public consultation calling for comments on its initiative to improve the protection of intra-EU investment. This initiative could lead to the adoption of new rules enhancing investors’ rights vis-à-vis EU Member States and to the creation of new enforcement mechanisms for investors within the EU.
Investor-State arbitration and the ‘next generation’ of investment treaties
In recent years, observers have questioned whether investor–state arbitration will or should be a feature of the next generation of free trade and bilateral investment treaties.
EU plans to reform Energy Charter Treaty falling short, activists say
An updated European Commission proposal to reform the Energy Charter Treaty is falling short of what’s needed to reinstate governments’ “right to regulate” in areas like climate change, activists say.
Brazil India investment cooperation and facilitation treaty (2020)
This is Brazil’s 10th and India’s 4th bilateral investment agreement since both nations had adopted their Model Bilateral Investment Treaty.
Mexico: Investors need to protect foreign investments in times of changing treaty protections
Because of changing attitudes with regard to "expansive" investor protections contained in current treaties, investors need to think ahead and negotiate for the necessary protections to be included in investment contracts.
Investor–State Dispute Settlement using the ECOWAS Court of Justice: An analysis and some proposals
Given the present widespread dissatisfaction with investor–State dispute settlement, the ECOWAS Court can provide an alternative to arbitration that is already up and running.
The ISDS reform process: The missing development agenda
For developing countries, governing foreign direct investment through IIAs and ISDS corresponds to a policy model discredited by years of social and economic failures.
ICSID Tribunal dismisses claims against the Democratic Socialist Republic of Sri Lanka
The tribunal dismissed the claimants’ invocation of the UK-Sri Lanka BIT on jurisdictional grounds.
Appeal in ISDS: Appealing for the host state?
The basis of a claim in ISDS is always the applicable international investment agreement. There would always be differences and inconsistencies with an appellate mechanism.
UNCITRAL and ISDS reform: Plausible folk theories
As observers of the UNCITRAL process, we watch the debates with great interest, writing about the emergence of different camps, giving perspectives on how the process fits within broader geopolitical developments, and offering potential models for moving forward.
Letter from Africa CSOs and trade unions to African delegates at the UNCITRAL round
We civil society organizations and trade unions from the African continent express our concerns about the proposal presented by the European Union to establish a multilateral investment court and support further reaching reforms of ISDS.
ISDS reform: Designing permanent institutions at Working Group III
The UNCITRAL Working Group III turned squarely to designing permanent institutions: a standing appellate mechanism and a multilateral investment court (MIC).
The US drops ISDS
The US government used to be the chief proponent of strong investor protection clauses in international trade deals. No longer. What happened?
Modernizing the Energy Charter Treaty: A make-or-break moment for sustainable, climate-friendly energy policy
In investor–state dispute settlement (ISDS), ironies do occasionally occur. Sometimes they’re bitter. Sometimes they’re carbon-intensive. Sometimes they’re radioactive.
Environmental injustice: How treaties undermine the right to a healthy environment
Global investment governance needs to be redesigned for the 21st century, with people and the planet at the core.
UNCITRAL and ISDS reform: Visualising a flexible framework
In the end, states have the power to decide collectively what reforms to pursue, in what order and in what form. Individually, they will also have choice about which particular reform options to adopt.