What’s on the horizon for 2023 investment treaty arbitration?

Suzie Savage and Patrick Beale discuss key developments in the investor-state dispute settlement (ISDS) landscape in 2022 and look ahead to 2023. The duo’s third horizon-scanning instalment covers the Energy Charter Treaty (ECT), including various EU states’ intention to leave and what this means for the future of the ECT; the review of the 1996 English Arbitration Act; the availability of USC section 1782 in aid of ICSID arbitrations; the African Continental Free Trade Agreement; the progress of UNCITRAL Working Group III on ISDS reform; and whether the pandemic led to an uptick in ISDS claims.