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ARTICLE · 25 JANUARY 2024

ISDS Policy Trend Round Up For 2023

Herbert Smith Freehills Kramer LLP
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What are the trends in investor state dispute resolution at a macro level that have developed over 2023? We have put together a round-up below.

United KingdomLitigation, Mediation & Arbitration
Andrew Cannon
Andrew Cannon
Christian Leathley
Christian Leathley
Hannah Ambrose
Hannah Ambrose
Vanessa Naish
Vanessa Naish
Elizabeth Kantor
Elizabeth Kantor

What are the trends in investor state dispute resolution at a macro level that have developed over 2023? We have put together a round-up below.

  • Declining use of ISDS? In 2022, 56 new cases were publicly filed, although the number is likely higher as some treaty arbitrations (outside ICSID or the PCA) will be confidential. This was a reduction in the number of overall cases from 2021 and the lowest annual number of known cases since 2010, significantly below the 10-year average of 75 cases per year (2012-2021). While the numbers are yet to be finalised, UNCTAD's public records for 2023 suggest 35 new cases were publicly filed last year. If correct, this would show a continued decrease in treaty claims.

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