Investor–State Dispute Settlement: Review of developments in 2016

By United Nations Conference on Trade and Development (UNCTAD), Published by UNCTAD, May 2017

The IIA Issues Note reviews developments in treaty-based investor–state dispute settlement (ISDS) in 2016. It contains an overview of cases initiated, overall case outcomes and analyses of decisions. Investors initiated 62 cases, bringing the total to 767 known arbitrations. The new cases were brought against 41 countries, mostly by developed-country investors. Tribunals rendered 57 substantive decisions, 41 of which are public. The note concludes that the wording of specific provisions is a key factor in case outcomes, underlining the importance of balanced and careful treaty drafting. It notes that this applies to future treaties and calls for modernizing old-generation treaties. Available at http://investmentpolicyhub.unctad.org/Publications/Details/172.