\u003cp\u003eInvestor-State disputes are increasing and damage awards are often significant. It is thus no surprise that the investor-State dispute settlement (ISDS) system has come under scrutiny. Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system. Drawing contributors from around the world, the authors provide insights on critical topics and address the key question facing the ISDS system and the international community it serves: Should the present ISDS system be reformed, replaced, or simply remain as is?\u003c/p\u003e \u003cp\u003eThe contributors represent points of view ranging from academia to practice to governmental entities, addressing such topics as:\u003c/p\u003e \u003cul\u003e \u003cli\u003ethe possible consequences of wholesale replacement or elimination of the current ISDS system;\u003c/li\u003e \u003cli\u003emediation as an alternative to resolve ISDS disputes;\u003c/li\u003e \u003cli\u003ethe creation of a multinational investment court or appellate review mechanism;\u003c/li\u003e \u003cli\u003elack of an early dismissal mechanism to eliminate meritless claims;\u003c/li\u003e \u003cli\u003eissues regarding arbitrators, including their appointment and ethical obligations;\u003c/li\u003e \u003cli\u003ehow investors may retain their right to pursue claims for violations of investment protection following termination of an agreement;\u003c/li\u003e \u003cli\u003ea State\u0026rsquo;s right to assert a counterclaim against an investor-claimant;\u003c/li\u003e \u003cli\u003ethe role of ISDS in promoting and protecting renewable energy production;\u003c/li\u003e \u003cli\u003ethe liability of State-controlled entities;\u003c/li\u003e \u003cli\u003ethe effects and implications of third-party funding;\u003c/li\u003e \u003cli\u003ethe duty to mitigate damages in the light of excessive damages awards; and\u003c/li\u003e \u003cli\u003eimprovements and issues relating to post-award enforcement, duration, and cost of ISDS.\u003c/li\u003e \u003c/ul\u003e \u003cp\u003eThis book considers the ongoing deliberations and reform measures proposed by UNCITRAL\u0026rsquo;s Working Group III and provides insights into how several geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement.\u003c/p\u003e \u003cp\u003eWith its much-needed and deeply informed balancing of investor and State rights and duties, this book will be welcomed by all who practise in the ISDS field, including arbitrators, State governments and non-governmental organizations, regional economic organizations, and international investors.\u003c/p\u003e
nl
en