The Institute of International Law's Resolution on the Equality of Parties Before International Investment Tribunals

The equality of parties is a fundamental procedural principle, yet its application to investor-state dispute settlement has become increasingly controversial. It has never been subjected to comprehensive examination. This authoritative commentary explains this major new codification by the eminent Institute of International Law, adopted in 2019.

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The Institute of International Law's 2019 Resolution on the Equality of Parties before International Investment Tribunals represents a major step forward in codification of this essential principle as it applies to investor-state dispute settlement: a principle whose application in this context has attracted increasing controversy in recent years. In this commentary, Campbell McLachlan, who served as the Institute's Rapporteur on the topic, explains the context for the Resolution and sets forth an article-by-article analysis of its provisions, drawing upon a wealth of prior case-law as well as the discussions within the Institute that led to the Resolution. The resulting text is designed to assist counsel and tribunals in investment cases, as well as contribute to the wider debate on the reform of investor-state dispute settlement.