To ISDS or not to ISDS: A question of legitimacy in dispute resolution

Glinavos, I. 2019. To ISDS or not to ISDS: A question of legitimacy in dispute resolution. in: A brand new world: the evolution and future of arbitration London Chartered Institute of Arbitrators (CIArb).

Chapter titleTo ISDS or not to ISDS: A question of legitimacy in dispute resolution
AuthorsGlinavos, I.
Abstract

Investor State Dispute Settlement (ISDS) has gained prominence in recent years with an explosion in the number of investor claims against states. While the evolution of this type of arbitration was expected, its focus and context was not. Investors are currently bringing actions against developed states in unanticipated policy areas. Greece, facing actions from investors challenging its debt haircut and Spain, battling investor challenges to its revamped energy policy are examples of the use of arbitration as a political as well as a dispute resolution tool. It is for this reason why the proposal for the inclusion of ISDS in the Transatlantic Trade and Investment Partnership (TTIP) has caused so much heated discussion. This paper examines the recent evolution and likely trajectory of investor state dispute settlement, reflecting on consequences for perceptions of arbitration and its links with politics and economics.

KeywordsArbitration, Investment Arbitration, ISDS, TTIP
Book titleA brand new world: the evolution and future of arbitration
Year2019
PublisherChartered Institute of Arbitrators (CIArb)
AuthorHouse
Place of publicationLondon

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