Codes of Conduct

Notes by the secretariat

• A/CN.9/1148 - Draft code of conduct for arbitrators in international investment dispute resolution and commentary
• A/CN.9/1149 - Draft code of conduct for judges in international investment dispute resolution and commentary 
• Documents prepared for the 45^th session, 27-31 March 2023, New York
  • Proposed revisions regarding articles 3, 4 and 11
  • A/CN.9/WG.III/XLV/CRP.2 - Proposed revisions to the draft codes of conduct for arbitrators and judges
  • Draft code of conduct for arbitrators in international investment dispute resolution and commentary (work in progress, unofficial document, English only)
  • Draft code of conduct for judges in international investment dispute resolution and commentary (work in progress, unofficial document, English only)

• A/CN.9/WG.III/WP.223 - Possible reform of investor-State dispute settlement (ISDS): Draft Codes of Conduct and Commentary
  • Text for the Commentary to the Code of Conduct for Judges (unofficial document, English only)
  • Proposed revisions regarding articles 3, 4 and 11
• A/CN.9/WG.III/WP.216 - Possible reform of investor-State dispute settlement (ISDS): Draft Code of conduct
• A/CN.9/WG.III/XLII/CRP.2 - Possible reform of investor-State dispute settlement (ISDS) - Revised version of the draft Code of Conduct 
• A/CN.9/WG.III/WP.209 - Possible reform of investor-State dispute settlement (ISDS) – Draft Code of Conduct
• Compilation of comments (jointly with ICSID) (Update as of 3 November 2021)
  • Comments by State/Commentator
  • Comments by Article and Topic
• A/CN.9/WG.III/WP.208 - Investor-State dispute settlement (ISDS) reform – Draft code of conduct: Means of implementation and enforcement
• A/CN.9/WG.III/WP.201 - Possible reform of investor-State dispute settlement (ISDS) – Draft code of conduct
• A/CN.9/WG.III/WP.167 - Background information on a code of conduct
• A/CN.9/WG.III/WP.151 - Ensuring independence and impartiality on the part of arbitrators and decision makers in ISDS

Initial Drafts

• Initial draft Commentary to the Code of Conduct
• Compilation of comments (jointly with ICSID)
  • Comments by State/Commentator
  • Comments by Article and Topic
• Draft Note on the Implementation and Enforcement of the Code of Conduct
• Draft Code of Conduct for Adjudicators in International Investment Disputes Version Two
• Compilation of comments (jointly with ICSID) (Update as of 19 April 2021)
  • Comments by State/Commentator
  • Comments by Article and Topic
• Code of Conduct for Adjudicators in Investor-State Dispute Settlement (with annotations)
  • Annex A - Text of the Code of Conduct
  • Annex B - Summary of Code of Conducts in Free Trade Agreements (Update as of 8 May 2020, including new treaties and updated references)
• Compilation of comments (jointly with ICSID) (Update as of 14 January)
  • Comments by State/Commentator
  • Comments by Article and Topic
• Other Comments Received
  • Russian Federation

Reports

• A/CN.9/1131 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its forty-fifth session (New York, 27–31 March 2023)
• A/CN.9/1130 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its forty-fourth session (Vienna, 23-27 January 2023)
• A/CN.9/1092 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its forty-second session (New York, 14-18 February 2022) 
• A/CN.9/1086 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its forty-first session (Vienna, 15-19 November 2021)
• A/CN.9/1050 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its fortieth session
• A/CN.9/1004* - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its thirty-eighth session
• A/CN.9/964 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its thirty-sixth session
• A/CN.9/935 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its thirty-fifth session
• A/CN.9/930/Rev.1 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its thirty-fourth session - Part I
• A/CN.9/930/Add.1/Rev.1 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its thirty-fourth session - Part II

Additional resources

• The Code of Conduct (Hague Rules on Business and Human Rights Arbitration)

Informal meetings

• 7-8 March 2023 – The draft Codes of Conduct
• 7-10 June 2022 – Informal online meeting
• 23-24 March 2022 – The draft Code of Conduct
• 20 January 2022 – Joint ICSID – UNCITRAL Informal meeting on Article 4 of the Draft Code of Conduct
• 6-10 December 2021 – Informal online meeting
• 7-10 June 2021 – The draft Code of Conduct - Version Two
• 3-4 March 2021 – The draft Code of Conduct
  • 8 March 2021 – Follow-up session (French)
  • 8 March 2021 – Follow-up session (Spanish)
• 18 November 2020 – The draft code of conduct for adjudicators in ISDS