Our new Investment Arbitration Series is now launched. The series draws on our arbitration practice to offer practical reflections on key issues in investor-State dispute resolution.

Our first article is now available: “Investment Contracts and BITs: Being Ready When the Balance Is Shifting”.

Invoked as the basis of consent in 15% of ICSID cases registered in 2025 – making them the second most frequently invoked basis after BITs – investment contracts remain an important, and sometimes underused, layer of legal protection.

The article addresses three questions: is the ISDS landscape changing – and how? What explains the renewed focus on investment contracts? What are the key reflexes to adopt when entering into an investment contract?

Our aim is to offer a practical perspective on the negotiation and structuring of investment contracts, with a focus on legal certainty, enforceability and the balance between investor protection and States’ regulatory powers.

Read the first article of the series below!