This is the third consecutive year that we, either together or separately, have reported on trends at the intersection of human rights and international arbitration from the prior year. As we emphasized last year, the effects of the COVID-19 pandemic on this intersection are likely to remain a dominant theme in the years ahead, particularly in the context of State regulatory measures to protect the health, safety, and welfare of their citizens.
Looking back on 2021, we identify four trend areas: 1) drafting of new IIAs; 2) updates to the binding treaty on business and human rights; 3) key investment arbitration cases; and 4) ISDS reform efforts. Overall, across these four foci, 2021 was a continuation of the directional trends from prior years. We conclude with thoughts on what this could mean for the 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
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