Investment arbitration is perhaps one of the least explored subjects in the legal world, mostly because of the highly specialized legal training that is required to understand the complex framework in which it takes place. Due to this, investment arbitration has developed and grown at its own pace, critics would say in closed circles and surrounded by secrecy.

Nevertheless, despite its highflying character, in the past couple of years investment arbitration (investor-state dispute settlement or ISDS, as it is commonly referred to now) has been at the centre of a growing and heated debate between many players, ranging from law practitioners, politicians and NGOs to private individuals.  

The purpose of this article is to provide background on the public debate surrounding ISDS and to analyse current trends and potential developments in this field.

 

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