Publication

This brief examines the European Commission’s plan to reform the current investor-state dispute system (ISDS) by creating a new investment court regime. In addition to highlighting the main differences between the proposed option and the ISDS that’s in place, the brief’s author further analyzes 1) the system’s compatibility with current international arbitration institutions, and 2) its anticipated interactions with domestic and international courts, including the International Centre for Settlement of Investment Disputes (ICSID) Convention and the European Union’s Court of Justice. While some compatibility questions remain, the author concludes that many objections leveled against the proposed system aren’t justified.