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Initial Drafts on Reform Options

New! Draft Note on the Implementation and Enforcement of the Code of Conduct 

New! Initial draft on the regulation of third-party funding (For comments by delegations until 30 July 2021)

New! Draft Code of Conduct for Adjudicators in International Investment Disputes Version Two (For comments by delegations)

 

New! Initial draft on the establishment of an advisory centre (For comments by delegations until 15 July 2021)

New! Initial draft on the establishment of an advisory centre – Addendum 1 (For comments by delegations until 15 July 2021)

 

Initial draft on Appellate mechanism and enforcement issues

 

Initial draft on Selection and Appointment of ISDS tribunal members

 

Initial draft on Code of conduct for Adjudicators in Investor-State Dispute Settlement (with annotations) and Annexes

Reform options

  1. Presentation of reform options
  2. Tribunals, ad hoc and standing multilateral mechanism
    1. Multilateral advisory centre
    2. Stand-alone review or appellate mechanism
    3. Standing first instance and appeal investment court, with full-time judges
  3. Arbitrators and adjudicators appointment methods and ethics
    1. ISDS tribunal members' selection appointment and challenge
    2. Code of conduct
  4. Treaty Parties' involvement and control mechanisms on treaty interpretation
  5. Dispute prevention and mitigation
    1. Strengthening of dispute settlement mechanisms other than arbitration (ombudsman, mediation)
    2. Exhaustion of local remedies
    3. Procedure to address frivolous claims, including summary dismissal
    4. Multiple proceedings, reflective loss and counterclaims by respondent States
  6. Cost management and related procedures
    1. Expedited procedures
    2. Principles/guidelines on allocation of cost and security for cost
  7. Third-party funding
  8. Implementation of the reforms: multilateral instrument on ISDS reform