IIA Issues Note: Investor–State Dispute Settlement: Review of developments in 2017

By United Nations Conference on Trade and Development (UNCTAD), Published by UNCTAD, June 2018

UNCTAD’s annual review of investor–state dispute settlement (ISDS) contains an overview of cases initiated pursuant to international investment agreements (IIAs), overall case outcomes and an in-depth analysis of decisions. At least 65 treaty-based arbitrations were filed in 2017, reaching 855 known cases in total. Investors brought many of the new cases under IIAs that date back to the 1980s and 1990s. This points to the importance of addressing “old-generation” treaties as part of the so-called Phase 2 of IIA Reform. Decisions rendered in 2017 generally covered regulatory changes under fair and equitable treatment (FET), the police powers doctrine, indirect expropriation, provisions limiting ISDS access, host state law compliance, the scope of the most-favoured-nation (MFN) and umbrella clauses. Available at http://investmentpolicyhub.unctad.org/Publications/Details/1188