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Dear Sir or Madam,
 
On the eve of the Expert Meeting on the Transformation of the 
International Investment Agreements (IIAs) Regime, UNCTAD released its IIA 
Issues Note on Trends in IIAs and investor–State dispute settlement 
(ISDS).
 
The main findings are as follows:
 
Countries continue to use IIAs as a tool for international investment 
policy making. The year 2014 saw the conclusion of 27 IIAs, that is one 
every other week. This brings the total number of agreements to 3,268.
 
The IIA universe is evolving with regard to substantive provisions: 
pre-establishment commitments and sustainable development-oriented clauses 
are on the rise.
 
At least 45 countries and four regional integration organizations are 
currently revising or have recently revised their model agreement.
 
Investors continue to use the ISDS mechanism. In 2014, claimants initiated 
42 known treaty-based ISDS cases. With 40 per cent of new cases initiated 
against developed countries, the relative share of cases against developed 
countries has been on the rise (compared to the historical average of 28 
per cent).
 
The two types of State conduct most commonly challenged by investors in 
2014 were cancellations or alleged violations of contracts, and revocation 
or denial of licences. Over time, the Energy Charter Treaty surpassed the 
North American Free Trade Agreement  as the most frequently invoked IIA.
 
ISDS tribunals rendered at least 42 decisions in 2014. This includes an 
award of USD 50 billion in three closely related cases, the highest known 
award by far in the history of investment arbitration. The overall number 
of concluded cases has reached 356, with 37 per cent decided in favour of 
the State, 25 per cent in favour of the investor and 28 per cent of cases 
settled.
 
The year saw important multilateral developments geared towards increased 
transparency in ISDS. These include the coming into effect of the United 
Nations Commission on International Trade Law Rules on Transparency and 
the adoption of the Convention on Transparency in Treaty-based 
Investor-State Arbitration, which will be opened for signature later in 
2015.
 
Concerns about IIAs and ISDS have prompted a debate about their challenges 
and opportunities in multiple forums. Today, a broad consensus is emerging 
that the regime of IIAs and the related dispute settlement mechanism need 
to be reformed to make them work better for sustainable development. Such 
reform would need to be undertaken in a comprehensive and gradual way, 
taking into account the interests of all stakeholders.
 
James Zhan
Director
Investment & Enterprise
United Nations Conference on Trade & Development