ISDS Claims Uncovered: The Complexities of Assignment in Investor-State Disputes

Development summary

Mathias Audit’s article in Arbitration International discusses investor-State dispute settlement (ISDS) claims brought by foreign investors for losses caused by a host State’s breach of investor-protection obligations, with those claims arising under bilateral and multilateral investment treaties, free trade agreements, foreign investment codes and domestic investment laws. It also explains that assignment of such claims can complicate arbitral proceedings and the enforcement of arbitral awards, showing that the issue goes beyond a mere change of claimant and sits at the intersection of investment law, arbitration and private-law transfer mechanisms.