Arbitration
Reform in Investment Arbitration
Analyse key reforms shaping investor-state arbitration, including transparency, third-party funding, and procedural innovations under global frameworks.
- Intermediate
- English
- 4 weeks
- 6 lessons
- Certificate included
What you will learn?
Understand transparency initiatives in arbitration
Analyze third-party funding impacts
Explore procedural innovations
Evaluate reform proposals critically
Who this course is for
Policy makers engaged in ISDS reform
Law scholars researching dispute resolution evolution
Investment lawyers managing treaty-based claims
ADR professionals focusing on systemic improvements.
Prerequisites
Understanding of ICSID/UNCITRAL practices
Familiarity with ISDS frameworks
Basic knowledge of public international law
Interest in policy-driven reforms in arbitration.
Why this course
Provides insights into ongoing ISDS reform debates, Explains procedural innovations under UNCITRAL and ICSID, Analyses transparency and ethical compliance initiatives, Examines the role of third-party funding in reform discussions, Prepares professionals for changes in investment dispute resolution, Enhances strategic capacity in treaty and policy design.
Course content
Objective
Understand the drivers behind ISDS reform and its importance for maintaining credibility in investor-state arbitration.
Key topics
Explain criticisms of the current ISDS framework
Identify systemic challenges in legitimacy and fairness
Analyse concerns over cost and duration of proceedings
Understand why reform became a priority for states
Review historical attempts at ISDS improvements
Recognise the role of public interest in reform.
Week 1
Lesson 1
Preview available
Online
Video Lectures
60 min
Activity
Produce a practical checklist and a sample clause set aligned with the lesson objective.
Objective
Examine UNCITRAL’s approach to modernising investor-state dispute settlement and its proposed structural innovations.
Key topics
Outline UNCITRAL’s mandate for ISDS reform
Review options for incremental versus structural reform
Analyse proposals for procedural streamlining
Understand code of conduct for arbitrators
Explore creation of a multilateral investment court
Assess expected impacts on global arbitration practice.
Week 2
Lesson 2
Online
Video Lectures
60 min
Activity
Produce a practical checklist and a sample clause set aligned with the lesson objective.
Objective
Learn how ICSID rule amendments address cost, efficiency, and transparency concerns in ISDS.
Key topics
Identify changes introduced in the latest ICSID rules
Apply disclosure obligations for third-party funding
Analyse new timelines for expedited procedures
Recognise digitalisation and virtual hearing reforms
Understand ICSID’s approach to transparency and costs
Compare institutional innovations with UNCITRAL initiatives.
Week 3
Lesson 3
Online
Video Lectures
60 min
Activity
Produce a practical checklist and a sample clause set aligned with the lesson objective.
Objective
Explore the role of transparency in enhancing trust and accountability in investment arbitration.
Key topics
Understand transparency standards in treaty reforms
Apply UNCITRAL Transparency Rules in practice
Analyse benefits and risks of public hearings
Manage confidentiality while ensuring accountability
Recognise stakeholder expectations for open proceedings
Evaluate the legitimacy impact of transparency reforms.
Week 3
Lesson 4
Online
Video Lectures
60 min
Activity
Produce a practical checklist and a sample clause set aligned with the lesson objective.
Objective
Understand how third-party funding influences ISDS reforms and introduces ethical considerations.
Key topics
Define third-party funding and its prevalence in ISDS
Understand disclosure obligations under reform proposals
Analyse risks of conflicts of interest
Apply ethical guidelines for funded disputes
Anticipate regulatory frameworks for funding arrangements
Evaluate the impact of funding on procedural fairness.
Week 4
Lesson 5
Online
Video Lectures
60 min
Activity
Analyze an ethics scenario and write a short “what would you do” response with reasons.
Objective
Gain strategic foresight into future ISDS reform directions and their practical implications.
Key topics
Compare proposals for incremental reform with systemic overhaul
Examine the feasibility of a permanent investment court
Analyse hybrid models for ISDS reform
Understand state and investor perspectives on reform options
Anticipate shifts in treaty drafting and negotiation
Apply insights to predict the evolution of ISDS.
Week 4
Lesson 6
Online
Video Lectures
60 min
Activity
Draft/redline a clause based on the lesson focus and explain your drafting choices.
Description
Investor-State Dispute Settlement (ISDS) faces growing scrutiny over issues of transparency, legitimacy, and fairness. In response, institutions and states are pursuing wide-ranging reforms to enhance credibility and sustainability in international investment arbitration.
This course examines the drivers behind ISDS reform and explores key proposals under consideration by UNCITRAL Working Group III, ICSID rule amendments, and other international initiatives. Topics include transparency standards, third-party funding disclosure, ethics and diversity in arbitral appointments, and the creation of a permanent multilateral investment court. The course also addresses the impact of these reforms on procedural efficiency and party autonomy.
Through case studies and comparative analysis, participants will understand the practical implications of these reforms for treaty drafting, dispute strategy, and institutional governance. This knowledge is essential for practitioners, policy-makers, and academics navigating the evolving investment arbitration landscape.
This course examines the drivers behind ISDS reform and explores key proposals under consideration by UNCITRAL Working Group III, ICSID rule amendments, and other international initiatives. Topics include transparency standards, third-party funding disclosure, ethics and diversity in arbitral appointments, and the creation of a permanent multilateral investment court. The course also addresses the impact of these reforms on procedural efficiency and party autonomy.
Through case studies and comparative analysis, participants will understand the practical implications of these reforms for treaty drafting, dispute strategy, and institutional governance. This knowledge is essential for practitioners, policy-makers, and academics navigating the evolving investment arbitration landscape.
Instructor
Mian Sheraz Javaid
Master Dispute Resolution Through Arbitration Training.
Sheraz draws from his rare dual expertise as an engineer and barrister to offer elite training in contract drafting. These programs are crafted for professionals who draft or review complex contracts and seek to enhance clarity, enforceability, and risk control across jurisdictions and sectors.
