ISDS

206 articles available

Latin America is the region that has faced the largest number of investment treaty arbitration cases in the world, holding 30% of the total ICSID caseload (549 cases as of December 31, 2015).  South…

When questioned what the users of arbitration expect from the process and what its main pitfalls are, the answer is usually unequivocal: the need for time and cost-efficient proceedings leading to a…

The Hearing, the Secret Opinion and the Decision to Strike Down the Gas Deal in Israel On 27 March, in a highly controversial decision, the Supreme Court of Israel struck down the gas deal the…

It has become customary for governments and other organisations to issue “Qs and As” to dispel myths about trade agreements. They usually contain categorical statements made to correct the record and…

The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s law firm. On 12 November 2015, in…

International investment law and investor-State dispute settlement (ISDS) are at a historic juncture as the United States and the European Union (EU) have started to address the content and contours…

by Nahila Cortes, American University Washington College of Law Much is being said about the Trans-Pacific Partnership Agreement (“TPP”), the landmark free trade agreement signed by twelve States…

As Mariel Dimsey has observed, a key challenge posed by investment treaties is that - at the point of ratification - they expose States to arbitrations of 'as-yet-unknown scope and against as-yet…

The issue of transparency is hardly a new topic in legal scholarship addressing international arbitration. Last year, in an important contribution to this blog, Loukas A. Mistelis broke with the…