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Crossroads or Changing of the Guards in Investor State Arbitration

Diane Desierto, University of Notre Dame, USA, Ian Laird, Crowell & Moring LLP, USA, & Frederic Sourgens, Washburn University School of Law, USA

18 October 2018

On July 5-6, 2018, Oxford University Press convened its now Third Investment Claims Summer Academy at Kellogg College, Oxford to discuss key issues facing investor-state arbitration in politically trying times for globalization and global legal processes in general.

The Academy opened with an appraisal of investment arbitration reform efforts. The first session, entitled “ISDS Reform – Exit, Remodel, or Much Ado About Nothing,” was led by Professor Loukas Mistelis. The session opened with an introduction of four options placed on a spectrum from (1) the complete abolition of investor-state arbitration, to (2) the replacement of investor-state arbitration with an investment law court, to (3) a significant procedural reform of existing investor-state arbitration mechanisms, to (4) limited reform of existing mechanisms. The session discussed in detail the ongoing efforts in the UNCITRAL Academic Forum on ISDS Reform and UNCITRAL Working Group III, including published papers and positions taken by States.

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Image Credit: Kellogg College by John Cairns 15.5.14-129' by KelloggCollege (CC BY-SA 4.0) via Wikimedia Commons.

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