Reforming international investment law and dispute resolution: (When) will states reap the desired benefits after a decade of reform?

The intensive and parallel reform of international investment law and dispute resolution has captured the imagination and attention of policy makers, practitioners and scholars alike, particularly in the context of sustainable development and energy transition. 

The ambitious reform agenda has unfolded in multilateral settings at the UNCITRAL Working Group III (ISDS Reform), the Energy Charter Conference, OECD and bilaterally between states and regional organizations, addressing investment protection standards, institutional frameworks and dispute resolution procedures for investor-State disputes. 

However, a decade into the reform, as proposals and reform instruments are compounding, it remains to be seen whether they will produce the desired improvements and benefits States anticipate, or whether there is a need to press pause and recalibrate the reform process.In the webinar, Fahira Brodlija (RegioTrade GIZ/International University of Sarajevo) will explore the latest reform instruments and milestones, juxtaposing them to the original reform agenda formulated by States at the outset of the reform process. 

Drawing from her experience in advising and supporting governments in the modernization of their legal and institutional frameworks for investor-state dispute settlement (ISDS), Ms. Brodlija will highlight viable reforms which have emerged from the ongoing deliberations, and examples of practical solutions governments have already implemented in their national and bilateral relations, pending the conclusion of the multilateral process. 

This analysis will open the door to discuss whether and to what extent States will benefit from the desired reform of international investment law and dispute resolution.

About the speaker

Fahira Brodlija is an Advisor for investment law and dispute resolution in a regional GIZ legal reform program in the Western Balkans. Her work includes advisory support for the governments in the Western Balkans and abroad on the procedural and substantive provisions of (model) investment treatises, support in designing and developing dispute prevention and management mechanisms, and capacity development, including practical training and simulations.

Fahira is an adjunct lecturer at the International University of Sarajevo, where she initiated the Annual IUS Summer School in international arbitration, taking place since 2021. She frequently writes and speaks on topics related to ISDS reform, investment law and international dispute resolution more broadly.

She is a tutor for the CiArb Diploma program, and appeared as guest lecturer at esteemed universities, such as Columbia University in New York, Bocconi University in Italy and College of Law, Chrisland University in Nigeria. She is also a lecturer for the Africa Arbitration Academy program.

Fahira has authored over 50 articles, most recently published in the Penn State Law journal and European Investment Law and Arbitration Review, with others published in university journals and online platforms such as the Kluwer Arbitration Blog. In addition, she has co-edited three books on international commercial and investment arbitration, while contributing chapters to others.

Fahira is a former Vis Moot participant and a coach of law faculties from Bosnia and Herzegovina and the region since 2016. She is a member of Association ARBITRI, and founder of the GEM diversity and mentorship program supporting young academics and practitioners in the field of international arbitration.