Remarks to ASIL Annual Meeting, April 4, 2018, on ‘ISDS at a Crossroads: How the Settlement of Investor-State Disputes Is Being Transformed’

5 Pages Posted: 14 May 2019

See all articles by Lisa Sachs

Lisa Sachs

Columbia University - Columbia Center on Sustainable Investment

Date Written: April 4, 2018

Abstract

In evaluating the Investor State Dispute Settlement (ISDS) system, and the numerous reform proposals circulating, it is worth remembering that the entire history of ISDS is quite recent. Almost all concluded cases have been decided in the last fifteen years. And even within the last ten years, there have been notable changes in the types of cases that are brought, the size of damages both claimed and awarded, and tribunals’ interpretations of key provisions. So current discussions about reform are a timely and appropriate stocktaking of the ISDS mechanism, and whether its use has met the aims and objectives of the system, and with which outcomes and impacts.

Keywords: Investor State Dispute Settlement, ISDS, Investment Law, Investment Policy, Investment Law Reform

JEL Classification: F00

Suggested Citation

Sachs, Lisa, Remarks to ASIL Annual Meeting, April 4, 2018, on ‘ISDS at a Crossroads: How the Settlement of Investor-State Disputes Is Being Transformed’ (April 4, 2018). Available at SSRN: https://ssrn.com/abstract=3372537

Lisa Sachs (Contact Author)

Columbia University - Columbia Center on Sustainable Investment ( email )

William C. Warren Hall, 1st floor
410 West 116th Street
New York, NY 10027
United States
(212) 854-0691 (Phone)

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