IIA Issues Note, “Investor–State Dispute Settlement: Review of Developments in 2015”

By UNCTAD, Published by UNCTAD, June 2016

The issues note reviews developments in ISDS in 2015. A record high of 70 ISDS cases were filed in 2015, with a continued large share of cases against developed countries. The overall number of publicly known ISDS claims reached 696 (key information on each case is available on UNCTAD’s ISDS Navigator at http://investmentpolicyhub.unctad.org/ISDS). Arbitral decisions rendered in 2015 touch upon a number of important legal issues concerning the scope of treaty coverage, the conditions for bringing ISDS claims, the meaning of substantive treaty protections, the calculation of compensation and others. On some issues, tribunals followed previous decisions, while on some other issues they adopted approaches that departed from earlier decisions. Available at http://investmentpolicyhub.unctad.org/Publications/Details/144.