Investor-State Dispute Settlement - The Latest Reforms Examined

Introduction

Investing abroad can be both an attractive and risky bet. A core way to mitigate the risks of foreign investments is to rely on the protections in investor-State dispute settlement, a system through which investors can achieve recourse from foreign governments in the event of a dispute.

International investment protection has come a long way from gunboat diplomacy, with now thousands of investment treaties allowing investors direct recourse to arbitration over expropriation or other adverse regulation by a host State. Aimed at transactional lawyers, commercial litigators and in-house counsel, this webinar will cover the fundamentals of investor-State dispute settlement before turning to examine the latest reforms. For example, how are States responding to criticisms that the investor-State dispute settlement system fails to account for the need for States to regulate in the public interest, including to protect human rights and the environment? Why are some States - particularly within the European Union - taking steps to terminate investment treaties, including the Energy Charter Treaty?

What You Will Learn

This webinar will cover the following:

• The relevance of investor-State dispute settlement to your clients’ work
• The origins of investor-State dispute settlement
• The key criticisms of investor-State dispute settlement
• Latest developments in relation to the Energy Charter Treaty reform
• The key substantive and procedural reforms to and developments in investor-State dispute settlement
• An overview of reform projects, such as the work of the UNCITRAL Working Group on Investor-State dispute settlement and the Multilateral Investment Court
• The prospective trajectory of investor-State dispute settlement and how this impacts your clients, whether they already invest abroad or are considering doing so

This pre-recorded webinar will be available to view from Thursday 29th May 2025

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