Review of ISDS Decisions in 2018: Selected IIA reform issues

By UNCTAD, published by UNCTAD, July 2019

This IIA Issues Note reviews publicly available decisions in ISDS cases, with a focus on cases and issues of relevance for treaty drafting and IIA reform. In 2018, arbitral tribunals rendered at least 50 substantive ISDS decisions, of which 29 were publicly available as of January 2019. The decisions touched upon many IIA reform topics, including preserving the right to regulate, improving investment dispute settlement and ensuring investor responsibility. Most decisions were based on old-generation treaties signed in the 1990s or earlier. Policy-makers may wish to consider the implications of these decisions for the drafting of future treaties and the modernization of existing ones. Available at https://investmentpolicy.UNCTAD.org/publications/1206/review-of-ISDS-decisions-in-2018-selected-iia-reform-issues. A compilation of case-by-case tables giving an overview of key issues addressed by ISDS tribunals in 24 cases in 2018 is available as supplementary material at https://investmentpolicy.unctad.org/publications/1207/supplementary-material-to-review-of-isds-decisions-in-2018-selected-iia-reform-issues