Consultations on a Concerted Response to COVID-19 Related ISDS Risks

In May 2020, IISD conducted virtual consultations on a concerted response to the risk of investor-state dispute settlement (ISDS) challenges to COVID-19 related measures. 

The consultations sought views on the idea of a multilateral or bilateral suspension of ISDS for COVID-19 related measures and discussed potential forums to take up such an initiative. IISD also sought inputs on draft language for such a suspension. The first consultation draft is available here:  

Draft agreement for the coordinated suspension of investor-state dispute settlement with respect to COVID-19 related measures and disputes (May 2020): in English, French, and Spanish. 

In June 2020, IISD revised the draft language for a suspension agreement to reflect verbal comments and written submissions provided by developing country investment negotiators, international law experts, and civil society organizations during the consultation period.  

Draft agreement for the coordinated suspension of investor-state dispute settlement with respect to COVID-19 related measures and disputes (June 2020): in English, French, and Spanish.   

IISD is continuing to work with governments, regional economic communities, and other partners to raise awareness of this threat and provide options for how it can be mitigated.