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Reforming Shareholder Claims in ISDS
SSRN Electronic Journal, 2019At its 37th session, UNCITRAL Working Group III (WGIII) indicated that it would study shareholder claims as a possible subject of reform. This paper aims to support WGIII and the UNCITRAL Secretariat in this effort, with a particular focus on claims for shareholder reflective loss (SRL).
Julian Arato +3 more
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Legitimacy Crisis and the ISDS Reform in a Political Economy Context
International law in AsiaShuping Li, Wei Shen
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Looking Ahead: ICSID and ISDS Reform
2020Abstract This concluding chapter addresses the reform of the ICSID and investor–State dispute settlement (ISDS), which refer to investor-State arbitration initiated pursuant to an investment treaty. For nearly twenty years, the United Nations Conference on Trade and Development (UNCTAD) has been advocating improvements of investment ...
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Assessment of Damages and Compensation in the Context of ISDS Reform Proposals
Журнал ВШЭ по международному праву (HSE University Journal of International Law), 2023This article discusses the possible reforms in the assessment of damages and compensation in international investment arbitration. The article highlights the challenges of the valuation leading to the need for reforms, such as the inflation of awards issued in investment arbitration cases, the major gap between the damages claimed and damages awarded ...
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Deference, Environment and ISDS Reform
The Journal of World Investment & TradeAbstract Concerns about provisions on the right to regulate and the extent to which a state’s right to regulate for the public interest remain a contentious issue. UNCITRAL Working Group III proposes a formulation of the right to regulate in its Draft provisions on procedural and cross-cutting issues to balance ...
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ISDS Reform: Analysis on Establishing a Multilateral Investment Court System
Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, 2021The idea of establishing an appeal mechanism for Investor-State Dispute Resolution (ISDS) awards is not novel. Currently, the United Nations Commission on International Trade Law Working Group III (WG III) is discussing potential reform of the ISDS system, including an appeal mechanism and a Multilateral Investment Court (MIC) system. This
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The Rise of NAFTA 2.0: A Case Study in Effective ISDS Reform
SSRN Electronic Journal, 2019From 1994 to 2020, the North American Free Trade Agreement (NAFTA) enabled a free trade zone in the region. Its early days were undoubtedly successful. NAFTA was credited with stimulating trade, economic growth, and cooperation among Canada, Mexico, and the US. Yet, NAFTA was not without controversy.
Kiran Nasir Gore, Charles Camp
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ISDS Reform: Financing of the Permanent Investment (Appeals) Body
Journal of International Dispute Settlement, 2021One of the issues that will determine the possibility of institutionalization of the investor-state dispute settlement will be to ensure the sources of its financing. The analysis of the cost structure of investment arbitration confirms the intuition that these mechanisms leave a lot of space for cost optimization.
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Article: The FET Standard between Treaty Reform and ISDS Practice: An Analysis of the Modernized ECT
Journal of International ArbitrationThe Modernization of the Energy Charter Treaty (ECT) counts as a prominent attempt to better incorporate climate change considerations into an investment treaty that is highly impactful from a climate change perspective. Among other initiatives, reform efforts in the ECT Modernization have led to amendments of key standards of treatment providing the ...
Monti, Alessandro, Fermeglia, Matteo
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