Opinion 1/17: towards a modern EU approach to investor-state dispute settlement

The EU is playing a leading role in the reform of Investor-State Dispute Settlement System (ISDS). The EU role is multi-faceted; it is an important player in the current UNCITRAL Working Group III discussions on the alternative models of ISDS; it is developing new forms of trade agreements which include independent courts; and the Court of Justice of the EU (CJEU) has contributed to the endorsement of the legality of new forms of court systems to settle investor-state disputes in modern EU trade Treaties. The role of the EU as a significant moderniser of trade agreements will have implications for the UK in negotiating any future trade deals with the EU.