Investor-State Dispute Settlement (ISDS)

Catharine has worked extensively on international investment law, covering a very broad range of substantive, procedural, and policy topics, both general and specific, from the interpretation of investment protections to the reconsideration of pre-award decisions under the ICSID Convention.

For her writings on international investment law, she has received two awards, and her work has been cited by the United Nations, the European Union, the OECD, before the US Supreme Court, and in investor-state dispute settlement proceedings.

Since 2018, Catharine has been attending the UNCITRAL Working Group III negotiations on ISDS reform, and she is deputy-chair of the Academic Forum on ISDS whose work feeds into the negotiations.

The right to regulate

Regulatory flexibility, treaty exceptions, interpretation of treaty exceptions, essential security interests, police powers, environmental and health protection.

Investment arbitration and Latin America

Investment law and policy of a number of Latin American countries, legal defence and disputes involving Latin American countries, particularities of the region and differences in approach to international investment law and ISDS.

European Union investment law

EU investment and trade agreements, EU internal and external investment policy, exercise of the new competence since the Treaty of Lisbon, EU model investment provisions, investment court system.

Reform of investor-state dispute (ISDS)

UNCITRAL Working Group III negotiations, arbitration, alternative dispute resolution, multilateral investment court, appellate mechanism, appointment of adjudicators, independence and impartiality, “correctness” of decisions, costs, diversity consistency.