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Consultations on a Concerted Response to COVID-19 Related ISDS Risks

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On Monday, May 4, IISD will be starting a series of virtual consultations to discuss a concerted response to the risk of investor-state dispute settlement (ISDS) challenges to COVID-19 related measures.

The consultations will first seek views on the idea of the multilateral or bilateral suspension of ISDS for COVID-19 related measures and discuss potential forums to take up such an initiative. They will also seek inputs on draft language for such a suspension (also available in French and Spanish).

This issue is growing increasingly urgent as governments take emergency public health and economic policy measures to respond to COVID-19 and its impacts. Even as the pandemic continues to disrupt lives and societies, international law firms have already begun publishing guidance on how these measures could be challenged using treaty-based ISDS.

These consultations will build on our recent commentary highlighting this issue in which we called on governments to develop a concerted response to the threat of ISDS claims targeting the COVID-19 pandemic response.

If you would like to submit written comments, please send these to investmentlaw@iisd.org with the subject line ‘ISDS suspension for COVID-related measures’.

A public webinar will be organized in due course. Attached below are slide decks from recent consultation meetings, for reference, in English and French.

Event details

  • May 4-31, 2020

  • Online