On 4 December 2014, The Trans-Atlantic Business Council and National Association of Manufacturers held an event in Brussels entitled “ISDS: A Fact- and Experience-Based Review” which included panelists who represented arbitration institutions, academia, business and the UN Commission for Trade Law.
Investor-State Dispute Settlement (ISDS) has long been a feature of international law, supported by both Europe and the United States, but is now the subject of widespread scrutiny and questions by commentators on the Transatlantic Trade and Investment Partnership (TTIP) negotiations. The European Commission responded to this scrutiny by opening a public consultation process which triggered a record number of submissions. Given the widespread debate, particularly in Europe a fact-based review is essential. This purpose of this conference was to provide a better understanding of the ISDS mechanism, how it has operated over the past thirty years and why it is a fundamental element of a pro-growth TTIP.