Topic: ISDS reform

The Africa Arbitration Academy has published a model bilateral investment treaty for states on the continent, with a focus on innovation, sustainability and “Africanisation”.

26 July 2022

US arbitrator and academic George Bermann has criticised the European Court of Justice at GAR Live Istanbul for “hypocrisy” and “opportunism” in its attack on intra-EU investment and (increasingly) commercial arbitration – while also highlighting “twilight issues” on which tribunals lack guidance.

18 July 2022

The European Court of Justice has declined Belgium’s request to rule on the compatibility of proposed amendments to the Energy Charter Treaty with EU law, saying said it would be “premature” to do so while changes are still being debated.

17 June 2022

A new UN report that says action is needed “now or never” to avoid disastrous global warming has warned that investment agreements may be causing a “regulatory chill” delaying countries from phasing out fossil fuels.

08 April 2022

Germany’s Federal Constitutional Court has rejected several challenges to the provisional application of a controversial free trade agreement between the EU and Canada.

16 March 2022

States’ obligations under the Energy Charter Treaty are potentially in conflict with those under international climate law, and arbitrators may have to integrate the two or decide that “one trumps the other”, according to a new study.

14 March 2022

At a virtual event, ICSID secretary-general Meg Kinnear addressed the future of ISDS and said the predicted “deluge” of investor-state claims relating to the covid-19 pandemic has not occurred. Rob Houston of K&L Gates Straits Law and Hena Sial and Lauren Sandground of K&L Gates report.

29 November 2021

The EU is undermining the rule of law by systemically dismantling the investment treaty arbitration system between member states but this represents a “unique opportunity” for London, said panellists at GAR Live London.

11 November 2021

As UNCITRAL draws closer to formulating recommendations for ISDS reform, Allen & Overy partner Matthew Hodgson has updated his study of damages and costs in investment treaty arbitration, confirming that tribunals are giving these issues greater attention even as costs incurred by claimants and respondents have dropped.

03 June 2021

UNCITRAL has published proposals for reforming the use of third-party funding in investor-state dispute settlement – including models for regulation, a code of conduct, disclosure requirements and potential sanctions. 

27 May 2021