Investor-State Arbitration 2025

INTRODUCTION  Contributed by: Stephen Jagusch KC and Epaminontas Triantafilou, Quinn Emanuel Urquhart & Sullivan, LLP

Conclusion Looking ahead, there is significant potential for a new model of ISDS that can address the concerns sur- rounding transparency, fairness and state sovereignty. Whether through adapted arbitration rules, the crea- tion of a permanent multilateral court, the introduc- tion of alternative dispute resolution mechanisms or the increased use of domestic courts, the future of ISDS will likely involve a mix of reform and adaptation, ensuring that it continues to offer investors protection, while respecting the regulatory autonomy of states and the public interest.

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