Summary Comments to the Proposals for Amendment of the ICSID Arbitration Rules

The document critiques the ICSID Secretariat's draft amendments to the Arbitration Rules, stating they do not sufficiently address stakeholder concerns regarding investor-state dispute settlement (ISDS). It suggests that if the Secretariat's own analysis is correct and rule amendments are insufficient for priority reforms, member states should consider amending the ICSID Convention itself.

• The proposed amendments to the ICSID Arbitration Rules indicate an attempt to improve procedural rules but do not adequately address the concerns of states and stakeholders or provide meaningful reform for investor-state dispute settlement (ISDS).
• Because the ICSID Secretariat's own analysis suggests that many priority reforms identified by states cannot be achieved solely through amending the Arbitration Rules, member states should consider amending the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (the ICSID Convention).

APA

Brauch,, N. B.-O. B. D. (2019). Summary Comments to the Proposals for Amendment of the ICSID Arbitration Rules. International Institute for Sustainable Development. https://www.iisd.org/articles/summary-comments-proposals-amendment-icsid-arbitration-rules

Chicago

Brauch,, Nathalie Bernasconi-Osterwalder,Sarah Brewin,Martin Dietrich. Summary Comments to the Proposals for Amendment of the ICSID Arbitration Rules. International Institute for Sustainable Development, 2019. https://www.iisd.org/articles/summary-comments-proposals-amendment-icsid-arbitration-rules.

Wikipedia

{{cite report |last1=Brauch, |first1=Nathalie Bernasconi-Osterwalder,Sarah Brewin,Martin Dietrich |title=Summary Comments to the Proposals for Amendment of the ICSID Arbitration Rules |publisher=International Institute for Sustainable Development |date=11 April 2019 |url=https://www.iisd.org/articles/summary-comments-proposals-amendment-icsid-arbitration-rules |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{brauch2019summary, author = {Brauch,, Nathalie Bernasconi-Osterwalder,Sarah Brewin,Martin Dietrich}, title = {{Summary Comments to the Proposals for Amendment of the ICSID Arbitration Rules}}, institution = {International Institute for Sustainable Development}, year = {2019}, month = apr, url = {https://www.iisd.org/articles/summary-comments-proposals-amendment-icsid-arbitration-rules}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }