Policy Brief on International Investment Law Reform and Parallel Proceedings

Publication Date:
2025
Pages:
6
Item Reference:
PB-2025-06
Publication Place:
Bruges
Publication Language:
EN
Copyright Holder:
UNU Institute on Comparative Regional Integration Studies
Copyright Year:
2025
Policy Brief Type:
Abstract:
- Parallel proceedings in investor-state dispute settlement (ISDS) create legal uncertainty, increase costs, and undermine the legitimacy of the system.
- The decentralized nature of international investment law, with over 2,500 treaties, allows investors to pursue multiple claims in different forums.
- Key challenges include conflicting rulings, prolonged dispute resolution, and the risk of forum shopping by investors.
- Proposed reforms include treaty harmonization, a multilateral investment court, and stronger procedural rules to prevent duplicate claims.
- An incremental approach—starting with treaty harmonization and diplomatic engagement—can help establish a more predictable and fair dispute resolution system.