ISDS reform- A world investment court: Is it a possible gateway to World Investment Organization?

Guruprasad Rane, Vaibhavi (2021) ISDS reform- A world investment court: Is it a possible gateway to World Investment Organization? International Journal of Law Management and Humanities, 4 (2). pp. 2838-2847. ISSN 25815369

[thumbnail of IJLMH2021.pdf]
IJLMH2021.pdf - Published Version
Available under License Creative Commons Attribution Non-commercial.

Download (421kB) | Preview


The international investment law regime governed by numerous multilateral and bilateral agreements is fragmented; the single connecting thread is the Investor-state Dispute Settlement (ISDS) mechanism which resolves disputes between Investors and State. While the current mechanism has served the investment regime adequately the growing investments and subsequent disputes have brought to light criticism which is boiling into an ISDS crisis. The paper studies these criticisms which range from allegations on functioning of tribunals, breach of sovereignty to imbalance of power between disputing parties. Combating these criticisms some States have opted for an alternate dispute resolution mechanism by establishing Bilateral Investment Courts (BIC), frontrunner being European Union (EU) which has embedded BIC in Transatlantic Trade and Investment Partnership (TTIP), Canada-EU Comprehensive Trade and Economic Agreement (CETA) and the EU-Vietnam BIT, 2015. The paper reviews the provision of these agreements as blue prints for establishment of World Investment Court (WIC), the efforts for which has been undertaken by UNCITRAL Working Group III under the de facto leadership of EU. The paper further analyses whether establishment of a WIC would eventually lead to establishment of a World Investment Organization, unifying the international investment regime under an umbrella institution.

Item Type: Article
Keywords: Investor-state dispute systems (ISDS) | World investment court (WIC) | World investment organization (WIO)
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 13 Feb 2022 12:14
Last Modified: 13 Feb 2022 12:14
Official URL:


Downloads per month over past year

Actions (login required)

View Item
View Item