Case-by-case mapping of key issues addressed by ISDS tribunals in 2018

These case-by-case tables give an overview of key issues addressed by ISDS tribunals in 2018. The tables summarize 24 ISDS decisions that were publicly available as of January 2019. The arbitral decisions and more detailed information on each case are available at https://investmentpolicy.unctad.org/investment-dispute-settlement/.

Most arbitral decisions in 2018 relied on provisions in old-generation treaties. A factual summary of the questions addressed by ISDS tribunals in publicly available awards and decisions can be a useful source for learning how IIA provisions work in practice and which areas are most in need of improvement.

Selected issues and cases of relevance for treaty drafting and IIA reform are highlighted in the IIA Issues Note “Review of ISDS Decisions in 2018: Selected IIA Reform Issues” (No. 4, July 2019).