Towards a more diligent and sustainable system of investment protection

The briefing assesses existing and proposed methods for reform of investor-state dispute settlement (ISDS) in the context of the ongoing discussions at the United Nations Commission on International Trade Law (UNCITRAL). The first section sets out six key recommendations which UNCITRAL members and observers should take into account when considering whether the EU’s proposal for a permanent Multilateral Investment Court (MIC) is a viable solution which will make the ISDS system sound and democratically accountable. The second section then considers other alternatives to reform ISDS. This briefing is an updated version of Laurens Ankersmit, Towards a more diligent and sustainable system of investment protection, ClientEarth, 13 April 2017.