IIA Issues Note: Latest Developments in Investor-State Dispute Settlement
In 2009, the number of known treaty-based investor–State dispute settlement cases filed under international investment agreements (IIAs) grew by at least 32, bringing the total number of known treaty-based cases to 357 by the end of 2009. Of those, 202 – 57% – were initiated during the last five years (starting 2005).
In total, 49 developing countries, 17 developed countries and 15 countries with economies in transition have been involved in investor–State disputes so far.
In all, by the end of 2009, 164 cases had been brought to conclusion. Out of these, 38 per cent were decided in favour of the State (62) and 29 per cent in favour of the investor (47), while 34 per cent (55) cases were settled. For 26 cases, the current state of affairs or the outcome is unknown, and 167 cases were still pending at the end of 2009.