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UNCITRAL and ISDS Reforms: Moving to Reform Options … the Politics

In the last blog, I provided an update on the UNCITRAL process, including the consensus decision from Vienna last week to move forward to consider…

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UNCITRAL and ISDS Reforms: Concerns about Costs, Transparency, Third Party Funding and Counterclaims

As explained in a previous post, we have put together four posts that compile the most relevant quotes from the first two meetings of the UNCITRAL Working…

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UNCITRAL and ISDS Reforms: Concerns about Arbitral Appointments, Incentives and Legitimacy

As explained in a previous post, we have put together four posts that compile the most relevant quotes from the first two meetings of the UNCITRAL Working…

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UNCITRAL and ISDS Reforms: Concerns about Consistency, Predictability and Correctness

As explained in a previous post, we have put together four posts that compile the most relevant quotes from the first two meetings of the UNCITRAL Working…

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UNCITRAL and ISDS Reforms: What are States’ Concerns?

What are states’ concerns about investor-state dispute settlement (ISDS)? To help answer that question, we have put together four posts that compile the most relevant quotes from the…

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Achmea: The Fate and Future of Intra-EU Investment Treaty Awards under the New York Convention

On March 6, 2018, the CJEU rendered its judgment in the long-awaited Slovak Republic v. Achmea case (Case C-284/16). This case involved a preliminary reference…

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UNCITRAL and ISDS Reform: Pluralism and the Plurilateral Investment Court

As described in a previous post, the UNCITRAL mandate on the possible reform of investor-state dispute settlement (ISDS) requires states to first identify and consider concerns regarding…

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UNCITRAL and ISDS Reform: Not Business as Usual

In late November 2017, states from around the world convened in Working Group III at UNCITRAL in Vienna to begin debates about the possible reform of investor-state dispute…

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