Kluwer: The United States’ Non-Disputing Party Practice

Published on August 27, 2024

By Alvaro J. Peralta (US Department of State, Office of the Legal Adviser)

Non-disputing Party submissions (“NDPs”) have been a prominent part of the U.S. investor-State dispute settlement (“ISDS”) practice over the last twenty-five years, with an uptick in the number of recent filings. With almost a hundred NDPs filed in investment arbitrations to date (not including oral submissions, which have become a more regular practice), NDPs have...

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