In November 2018, the International Bar Association‘s Subcommittee on Investment Treaty Arbitration (IBA) released its report on investor-state dispute settlement (ISDS Report), available for download HERE. The ISDS Report reviews the contemporary critiques of the ISDS regime and lists potential solutions on “consistency, efficiency and transparency.” The IBA believes that improvements in these three areas would add to the overall legitimacy of investor-state arbitration worldwide. This post focuses on the first topic–consistency–and the IBA’s articulation of the proposed solutions.  

Consistency in Investor-State Arbitration

The IBA’s ISDS Report notes that inconsistent […]

Cybersecurity is a growing concern in the global marketplace. International arbitration practitioners share this concern in part  because international commercial arbitration is founded on the principle of confidentiality, and cybersecurity breaches threaten that assurance. In response to this growing risk, the International Council for Commercial Arbitration (ICCA) has collaborated with the International Institute for Conflict Prevention and Resolution (CPR) and the New York State Bar (NYB) to create a Draft Cybersecurity Protocol — a copy of which can be found HERE.

The Draft Cybersecurity Protocol provides a framework for parties (and tribunals) to assess the level of cybersecurity needed for a given dispute […]