2022 Year in Review Widening the Human Rights Aperture for ISDS

This is the fourth consecutive year that we, either together or separately, have reported on trends at the intersection of human rights and international investment arbitration from the prior year. As we emphasized last year, developments at this intersection continue directional trends from prior years, but also converge across both procedural and sudstantive dimensions. suggesting a great impact than meets the eye.

Looking back on 2022, we identify four trend areas: 1) drafting of new IIAs and model agreements; 2) notable cases; 3) institutional developments; and 4) adjacent developments.
Overall, across these four foci, 2022 was largery a continuation of trends from prior year. We conclude with thoughts on what this could mean for years ahead. 

Content Authorship and Sources

Dr. Kabir Duggal

Arbitration and Mediation Panelist at BIAMC

Senior International Arbitration Advisor at Arnold and Porter/Columbia Law School

kabir.duggal@columbia.com

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