Case-by-case tables on key issues addressed by ISDS tribunals in 2019

These case-by-case tables give an overview of key issues addressed by investor–State dispute settlement (ISDS) tribunals in 2019. The tables summarize 39 ISDS decisions that were publicly available as of January 2020. The arbitral decisions and more detailed information on each case are available at https://investmentpolicy.unctad.org/investment-dispute-settlement.

Most arbitral decisions in 2019 concerned cases based on old-generation international investment agreements (IIAs). 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 for identifying which areas are most in need of reform.

Selected issues and cases of relevance for treaty drafting and IIA reform are highlighted in the IIA Issues Note “Review of ISDS Decisions in 2019: Selected IIA Reform Issues” (No. 1, January 2021).

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