Kluwer: From Shield to Reciprocity: Implied Consent and the Structural Evolution of Counterclaims in ISDS Reform

Can a dispute settlement system preserve its legitimacy if it structurally enables one party to assert claims while limiting the other’s ability to respond in kind? The UNCITRAL Working Group III (“WGIII”) on the reform of investor-State dispute settlement (“ISDS”) is now debating this issue of procedural reciprocity.