ICLG - Investor-State Arbitration 2023

Welcome to the 2023 edition of ICLG - Investor-State Arbitration. It is a privilege to introduce this year's exploration of developments in investment arbitration around the world on behalf of Foley Hoag LLP. The world continues to experience major crises that have begun to reverberate in the investment arbitration world. In addition to grappling with the upheaval caused by the COVID-19 pandemic and rapid climate change, global economies have been forced to contend with the impacts of the war in Ukraine, unprecedented inflation, and other international challenges. In this environment, international businesses will continue to resort to investment arbitration as a means of seeking redress and compensation for State measures that they perceive as violating international investment agreements. For their part, States will continue to introduce domestic, bilateral, and multilateral reforms that, among other goals, protect their right to regulate in the public interest, while simultaneously seeking to attract increased foreign investment to address ongoing socio-economic challenges. As investment arbitration practice, legislation, and case law continue to evolve rapidly, it is critical to maintain an accurate record of relevant developments across the world. The 2023 edition of this Guide accomplishes that objective by providing global business leaders, in-house counsel, State representatives, and international legal practitioners with ready access to important information regarding 14 jurisdictions. It also includes expert analyses that explore investment arbitrations arising from the global drive for renewable energies, investigate the impact of evolving EU law on investment arbitration, intra-EU bilateral investment treaties and the Energy Charter Treaty, and arbitration reform in Luxembourg. We thank each of the authors, whose time, knowledge, and experience have contributed to the success of this Guide, and extend our congratulations to the excellent team at Global Legal Group.