International Investment Courts: are they next in the evolution of ISDS arbitration?

International Arbitration Newsletter

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The controversies surrounding the use of Investor State Dispute Settlement (ISDS) clauses in free trade agreements were recently examined during Australia's negotiation of the Trans Pacific Partnership (TPP). 

That examination forms part of a global rethink on the use of ISDS clauses and some States, such as those in the EU, appear to be moving away from ISDS clauses and towards the establishment of permanent international investment courts.

This update briefly examines issues surrounding ISDS clauses and whether international investment courts are next in the evolution of ISDS arbitration.