ISDS, ISDS Reform, Multilateral Investment Court, selection of arbitrators, Working Group III

(Humboldt University of Berlin) and (S. Horowitz & Co.)/ /Leave a comment

Investor-State Dispute Settlement (“ISDS”) has gone through significant changes over the years. Before arbitration became the principal mechanism for resolving investment disputes, options of foreign investors were limited to either initiating proceedings before national courts or relying on diplomatic protection. The dissatisfaction with both options, for reasons of a perceived lack of neutrality and sufficient…

Articles of State Responsibility, Investment Arbitration, ISDS

(S. Horowitz & Co.)/ /Leave a comment

In the commentary to the ILC draft Articles on State Responsibility it is suggested that interest is not “a necessary part of compensation in every case.” (See Article 38, Commentary 1). However, in investor-State disputes, it has become usual for parties to request, and for tribunals to include, interest on top of compensation. The awards…