Insights

The Geopolitics of Disputes: Navigating Sanctions, State Intervention, and Cross-Border Enforcement

Jurisdiction and admissibility are the gatekeepers of investor-State arbitration —determining if the dispute can be heard at all. From whether an investment qualifies under a treaty to whether a claim falls within the right time frame, these questions go to the very heart of what tribunals can and cannot decide. To what extent jurisdictional issues in investment arbitration have been influenced by standards, general principles and even case law stemming from public international law and the ICJ in particular? This panel, moderated by Ian Laird, will explore the evolving — and often contentious — terrain of jurisdiction and admissibility in ISDS.

The Crisis of Investment Arbitration: What's Next? explores the challenges of protecting the environment within the current international investment law regime. It offers a comprehensive overview of International Investment Law, focusing on emerging trends that seek to integrate environmental values into arbitration between states and foreign investors. The panel will highlight key developments and challenges, while assessing potential pathways for harmonizing environmental protection with investment arbitration practices. It will also provide insights into how the evolving landscape might better accommodate environmental goals.