Future of Investor-State Dispute Settlement

What makes investor-State dispute settlement (ISDS) as dynamic a field as it is – especially in comparison with international commercial arbitration – is its uncanny ability to engage directly with the most topical and pressing issues of the day, including human rights, regulation of the energy sector, and climate change and the environment more generally. This book provides a deep dive into the reality behind the causes and effects of the expressed concerns regarding ISDS and the extent to which they can and have been addressed by ongoing reform processes at national, regional, and international levels.

Deeply informed insights from leading scholars and practitioners on the status quo and perspectives of ISDS shed clear light on such aspects as the following:

• reform instruments adopted at the UNCITRAL Working Group III;

• issues surrounding the legitimacy of ISDS;

• dispute prevention and amicable settlement mechanisms;

• the proposed multilateral investment court;

• implications of climate change and energy transition for investment policies and disputes;

• recent regional trends in policymaking and perspectives;

• the ICSID-UNCITRAL Code of Conduct;

• investment protection standards and dispute resolution mechanisms in recent international investment treaties;

• viability of the modernized Energy Charter Treaty;

• use of artificial intelligence; and

• participation of civil society organizations.

As an in-depth analysis of the most recent developments in international investment law and dispute resolution, this book offers a realistic view of the reform processes, thus underlining the necessary legal and institutional measures that will translate into real-life effects in the future. With its help, policymakers and government officials will identify ongoing trends and anticipate risks that require intervention, while practitioners and the broader dispute resolution community will find valuable information about the evolving contours of investment protection treaties and ISDS. For academics and civil society organizations interested in the developments and implications of ISDS, the book provides factual, nuanced, and effective analysis of the relevant issues.