My comment was not about whether it would be successful. My question was whether it provided the means to initiate a lawsuit.
Fearing the provisions of ISDS would undermine the principles of justice means that you would rather trust the judgements of a single, likely overworked, lawyer who is expected to know the entire relevant body of law and case history for his or her jurisdiction over the judgements of a panel of lawyers who are likely to have somewhat specialized in the area of dispute being covered.
What I would prefer is that there is absolutely zero mechanisms for a corporation to sue a government over "potential lost profits".
This is just not at all the same as discussing a potential lawsuit over defamation / libel / whatever "you" would be suing me over a comment for. And, yes, in that case I would still prefer to go through the normal court system with laws written by my legislature rather than a room full of mega corps and trade representatives.