Introduction This post addresses issues being considered in the UNCITRAL Working Group III process in relation to the design of a multilateral instrument on investor–State dispute…

The ISDS reform process at UNCITRAL Working Group III provides a unique opportunity to consider new institutional dispute settlement designs. As EJIL:Talk! Readers will know from earlier blogs…

How many International Investment Disputes have there been since 1973? How many International Investment Disputes are ongoing now? We do not know. There is no authoritative count. How…

The investor-state dispute settlement (ISDS) reform process underway in UNCITRAL Working Group III has entered the delivery phase. The first four reform products were delivered in July 2023,…

Last August, an ICSID tribunal handed down its much-anticipated ECT-based award in the dispute between Rockhopper, a British oil and gas company, and the Italian Republic. Rockhopper had…

From September 5 – 16, the delegates of UNCITRAL Working Group III were back in Vienna to continue discussing ISDS reform. While it was possible for registered delegates…

Since UNCITRAL Working Group III opened its most recent session on 14 February, many delegates began their interventions by wishing each other a Happy Valentine’s Day. As they…

ISDS emerged in the twentieth century to empower foreign investors to assert legal claims against host states without the intervention of their home state. But this understanding of…

In a reaction to an EJIL: Talk! post by Baetens et al., Arcuri et al. claim that the Dutch parliament has the right to reject CETA…

‘Can you hear me now?’ is a question that the delegates of Working Group III asked each other often last week, as negotiations on ISDS reform continued but…