In this session, distinguished panelists will discuss how the Biden Administration will approach ISDS reform. The president-elect has stated previously he does not see the value in ISDS provisions in future trade agreements. Happening a day after his inauguration, this panel offers a chance to explore whether that remains his view, who else is now in position whose opinion counts and how the next few years will play out.
In particular it’s expected the panel will discuss:
- What could this mean for the efforts underway in UNCITRAL Working Group III?
- What does this skepticism suggest for the future of investment arbitration for the United States, and more broadly, the world?
- How might antipathy towards ISDS complicate the US’s ability to rejoin the CPTPP on favorable terms, or re-engage with traditional trading partners?
- Will the Biden Administration be open to a broader discussion on the many possible benefits of investment arbitration?