“Where Are We in Solving Problems of States, Investors and Society?” World Arbitration Update, National Autonomous University of Mexico, Mexico City, Mexico

In recent years, the ISDS system has received increasing public scrutiny, with criticism received from many corners, including State regulators, legislators, environmentalists, commentators, and even investment arbitration practitioners and arbitrators. Aside from the discussion on ISDS reform triggered by such criticism, this Roundtable will take a step back and will first analyze whether the ISDS system is actually solving any of the problems it was initially designed to address and – if it is failing to do so – what can be done to improve the system to ensure that the most basic problems are solved. 

The Roundtable discussion will likely cover the following questions: 

• What was the original ISDS system trying to solve? Was it designed to solve problems for States, Investors and Society? 
• What problems does today’s ISDS system solve? 
• Does the modern ISDS system create or promote regulatory chill? Is this good or bad? 

• What problems should an ideal ISDS system address? 
• How can ISDS promote an Energy Transition? Does ISDS help or hinder climate change goals? 
• Should an ISDS system balance the interests of States, Investors and Society? If so, how could such balance be achieved?