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Hub News Article Sep 04, 2017

Number of Known Investor-State Cases Breaks 800 Mark

UNCTAD has updated its Investment Dispute Settlement Navigator. The ISDS Navigator is now up-to-date as of 31 July 2017.

Key findings of the update:

  • During the first 7 months of this year investors brought at least 35 known investor-State arbitrations pursuant to international investment agreements.
  • As a result of new information, the number of known cases for 2016 has gone up from 62 to 69. Additional cases have also surfaced for other years.
  • As of 31 July 2017, the total number of publicly known arbitrations against host countries has reached 817.

The update of the ISDS Navigator covers new cases as well as new information on existing case entries. You can browse the ISDS Navigator to find information on: the subject matter of disputes, the status/outcome of the arbitral proceedings, awards and decisions issued by tribunals, breaches of IIA provisions alleged and found, amounts claimed and awarded, arbitrators serving on the tribunal and many other aspects.

Information about the claims has been compiled on the basis of public sources, including specialized reporting services. As arbitrations can be kept confidential under certain circumstances, the actual number of disputes filed in this and previous years is likely to be higher.

We welcome any additional information or clarifications on specific cases. Please use the “Report new developments” button to submit information.

Browsing through the ISDS Navigator will help government representatives and stakeholders prepare for UNCTAD's High-Level IIA Conference 2017, taking place on 9-11 October in Geneva. Based on Chapter III of UNCTAD's World Investment Report 2017, which sets out and discusses 10 options to reform old-generation treaties, the high-level event will carry IIA reform to the next phase. Online registration is now open (the registration form is available here).

Prior to the IIA Conference, a session on the World Investment Report 2017 (Investment and the Digital Economy) will be held as part of UNCTAD’s Trade and Development Board Meeting on 12 September 2017, 3-6 pm, Palais des Nations, Geneva.