Share on LinkedInShare on LinkedIn

ARTICLE · 05 JULY 2022

Increased Transparency Under The New ICSID Rules - A Way Forward For ISDS Legitimacy

Debevoise & Plimpton
Explore more from Debevoise & Plimpton

On 1 July 2022, the amended Arbitration Rules of the International Centre for Settlement of Investment Disputes came into effect.

United KingdomLitigation, Mediation & Arbitration
Svetlana Portman
Svetlana Portman

On 1 July 2022, the amended Arbitration Rules of the International Centre for Settlement of Investment Disputes ("ICSID" and the "2022 ICSID Rules") came into effect. The overarching goals of the amendment process, launched in 2016, were to modernise, simplify and streamline the rules, reduce time and cost, and leverage information technology to reduce the environmental footprint of ICSID proceedings (See ICSID Proposals for Amendment of the ICSID Rules – Working Paper #1 2018 ("WP#1"), pp. 1-2). One of the key areas significantly reformed is transparency, where the amendments took a step towards making ICSID proceedings more transparent and open to the public (See Proposed Amendments to the ICSID Regulations and Rules – A Necessary Update). One of the considerations leading to this approach was the need to enhance the public legitimacy of investor-state dispute settlement ("ISDS") (See WP#1, p. 857). The ISDS regime has been facing criticisms that undermine the

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Game Developer And Publisher Battle Over Step In Rights

A High Court ruling examines a contentious dispute between a video game developer and publisher over milestone-based funding and "step in" rights for the first-person shooter Six Days in Fallujah. With over $50 million in development costs at stake and allegations of conspiracy to acquire proprietary source code, the court declined to grant either party interim control of the game's development, leaving both sides without the "keys to the kingdom" pending a full trial.
United KingdomLitigation, Mediation & Arbitration
Lewis Silkin
Lewis Silkin
Article

Meta's $18 Billion Settlement: Reckoning Or Managed Exit?

Meta has agreed to pay up to $18 billion over 10 years to settle claims by 52 US state and territory attorneys general in the largest state consumer-protection settlement in American history outside tobacco. The settlement imposes binding child-safety obligations including time limits and age assurance, but leaves the core algorithmic feed unchanged and raises questions about whether this represents genuine accountability or a commercially managed outcome.
United KingdomLitigation, Mediation & Arbitration
Mishcon de Reya LLP
Mishcon de Reya LLP
Article

LNG Charterparty Hire Formula: Meaning Of JKM–TTF Pricing Spread

The Commercial Court ruled on a USD 29 million dispute over an LNG carrier charterparty's index-linked pricing formula, determining whether the "JKM-TTF spread" operated bidirectionally or only when JKM exceeded TTF. The decision examines how unprecedented market conditions—where European gas prices surged above Asian prices due to the Ukraine war—tested the contractual formula's application and whether rectification could remedy an alleged drafting oversight.
European UnionLitigation, Mediation & Arbitration
CMS Wistrand
CMS Wistrand
Video

One-Punch Manslaughter – When A Single Blow Kills (Video)

A split-second decision can change lives forever. In one-punch manslaughter cases, a single impulsive blow, perhaps thrown in anger, fear or misguided bravado, leads to a tragic death. These ‘death by a single punch’ incidents are more common in the UK than many realise. Dozens of families every year are left devastated, with one family grieving an unimaginable loss, and another family shocked and fearful as their loved one faces a homicide investigation for an outcome no one intended. It’s a tragic reality, one moment of anger, one fatal assault involving a single blow, and two lives (and families) ruined.
United KingdomLitigation, Mediation & Arbitration
Olliers Solicitors
Olliers Solicitors