December 07, 2022

The ILC’s Articles on State Responsibility in Investment Treaty Arbitration

Some twenty years after their adoption, the International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA) have made an indelible impression on investor-State dispute settlement (ISDS).

The complex and multilayered relationship between the ARSIWA and investment treaty caselaw is revealed in a recently published special issue of the ICSID Review – Foreign Investment Law Journal. In over 20 articles, case comments, notes, books reviews, and a comprehensive survey of the use of the ILC Articles in investment treaty arbitration, leading academics and practitioners examine how tribunals have applied the ARSIWA in resolving international investment claims.

This event by Young ICSID, in collaboration with Allen & Overy, brought together contributors to the special issue for an interactive discussion on the interplay between ARSIWA and ISDS.

Moderator: Meg Kinnear, Secretary-General, ICSID


  • David Attanasio: Associate, Dechert LLP
  • Freya Baetens: Professor of Public International Law, PluriCourts Centre of Excellence, Oslo University
  • Christina L. Beharry: Partner, Foley Hoag LLP
  • Patrick W Pearsall: Partner, Allen & Overy LLP