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Legitimacy Crisis and the ISDS Reform in a Political Economy Context
Journal of East Asia and International Law, 2022 The variation of countries ’ industrial policies and political strategies in a multipolar world brings the investor-state dispute settlement (ISDS) regime to a crossroad.
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The Path to Reform of ISDS: What Role for National Courts? [PDF]
European Yearbook of International Economic Law, 2020 AbstractThis chapter analyzes the possible role which national courts could play in the main reform scenarios which States are currently considering, i.e., if investment arbitration is (i) reformed through targeted adjustments, (ii) supplemented with an appellate mechanism, (iii) replaced by a multilateral investment court, or (iv) supplanted by inter ...
Gabrielle Kaufmann-Kohler +1 more
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A Parade of Reforms: The European Commission's Latest Proposal for ISDS
SSRN Electronic Journal, 2015 The European Commission's most recent proposal for ISDS reflects a move away from essentially fake reforms to something potentially more meaningful. However, it is insufficient to satisfy the criteria of independence, fairness, openness, subsidiarity, and balance and does not appear reliable until backed by clear language and a negotiating red line for
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European Papers, 2021 (Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 645-673 | Article | (Table of Contents) I. Introduction. - II. EU and a reformed international investment order. - II.1. Post-Lisbon intra-EU developments and traditional
Arman Melikyan
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Modernization of the Investor-State Dispute Settlement System: reform or revolution?
Московский журнал международного права, 2023 INTRODUCTION. The UN Commission on International Trade Law established Working Group III in 2017. Within the framework of this Working Group, States’ delegations and representatives of international governmental and non-governmental organizations seek to
I. M. Lifshits, A. V. Shatalova
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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), 2023 This 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 ...
Анастасия Ивановна Фоменко
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Politics and Governance, 2023 The international investment regime is in crisis, nowhere more so than in regard to the investor–state dispute settlement system. While several developing countries have been critical of the system for some time, rich countries like the US and EU states ...
Álvaro Santos
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Politics and Governance, 2020 The global investment regime is a prime example of the so-called ‘politicization beyond the state.’ Investment agreements with an Investor–State Dispute Settlement (ISDS) mechanism have become contested in several corners of the globe, triggering a ...
Anna Herranz-Surrallés
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Australian and New Zealand Journal of European Studies, 2021 ESAANZ ESSAY PRIZE WINNER International investment arbitration is in a controversial state. While the systems put into place by various treaties allow an investor to protect their investments directly by initiating proceedings against a government ...
George Cadillac
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Damages and ISDS Reform: Between Procedure and Substance
Journal of International Dispute Settlement, 2021 Abstract Monetary damages is the ordinary remedy in investor-state dispute settlement (ISDS). As such, arbitral practice relating to damages has direct, practical relevance for states and investors. The size of damages awards is also amongst the core critiques of ISDS.
Jonathan Bonnitcha +3 more
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