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Investor-state arbitration is entering a period of significant transition. A number of key factors are affecting the sector, including geopolitical fragmentation, economic nationalism, energy security concerns and an expanding regulatory agenda. The convergence of these issues is reshaping relationships between governments and foreign investors, creating new sources of tension and potential disputes.

The wider investor-state dispute settlement framework remains under scrutiny as governments, institutions and practitioners grapple with questions of legitimacy, transparency, consistency and states’ freedom to pursue public policy objectives. Treaty reform, evolving approaches to investment protection and procedural changes are adding further complexity.

Technology is also redefining how disputes are conducted, modernising processes across the field. Artificial intelligence (AI) is expected to become increasingly embedded in the management of investor-state cases. Applications such as document review, legal research, translation, chronology building, evidence management, and analysis of large volumes of treaty and arbitral material are likely to become important use cases for AI in the years and decades ahead.

Against this backdrop, Financier Worldwide turns to some of the leading lights in their field, who share their stories…

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