In the world of International Arbitration (“IA”), one distinguishes between commercial arbitration and investment arbitration, the latter widely referred to as Investor-State Dispute Settlement or ISDS, as a dispute resolution mechanism based on bilateral treaties, multilateral treaties, and free trade agreements. IA is lauded as the best method for dispute resolution in international trade. This…

In April we welcomed two new regular writers to the blog: Rick Weiler from Canada and Alan Limbury from Australia. The usual breadth of posts continued last month with posts from writers in New Zealand, Germany, Singapore, Romania, Scotland, the UK, Canada and Australia. A brief summary of each of last month’s posts appears below….

Debates about the propriety of investor-state dispute settlement (ISDS) were revived by a recent letter by U.S. academics, which urged the abandonment of ISDS in the renegotiated North American Free Trade Agreement (NAFTA). This letter repeated arguments that are familiar from prior ISDS debates, such as that ISDS “grants foreign corporations and investors rights to skirt domestic…