S&C Critical Insights – Will the EU Destory Investor-State Arbitration? 

March 17, 2021

In this episode of S&C’s Critical Insights podcast, Joe Neuhaus, head of the Firm’s arbitration practice, and Stewart Robertson, co-head of the Firm’s global project development and finance group, discuss the most recent meeting of the United Nations Commission on International Trade Law’s Working Group III, which is evaluating proposed reforms to investor-state dispute settlement (ISDS). Joe and Stewart provide an overview of the existing arbitral model of ISDS, and criticisms of it. They explore a radical proposal being considered by Working Group III to move away from the arbitral ISDS model and towards the creation of a multilateral investment court, a move supported by the European Union.