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Investor-State Dispute Settlement (ISDS) is a provision in
Bilateral Investment Treaties (BITs) and other international
investment agreements that allows investors to enter arbitration
with states over treaty breaches. ISDS has become controversial in
the United States and our negotiating partners; critics, including
some governments, have argued that ISDS is unnecessary, while
others insist it is illegitimate as public policy. Treaty-based
investment protection represents a major advance in the fair
treatment of aliens and the peaceful resolution of disputes. Given
the alternatives, withdrawing from investment treaties-the logical
conclusion of the critics' position-would likely have negative
consequences for economic growth and the rule of law. This report
is an empirical review of ISDS, based on the record of disputes
under existing investment treaties.
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