Introduction

This scoping paper, prepared to support intergovernmental discussion of ISDS, is divided into three parts. Part I positions the ISDS system in the context of other international and domestic dispute settlement mechanisms; it seeks to support intergovernmental discussion of States' broad objectives in establishing and maintaining the system of ISDS through international arbitration and to elucidate how international arbitration fits in with other dispute settlement mechanisms. Part II reviews eight key issues in ISDS: (II.A) investors' access to justice - which investors ...