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  4. Working Group III: ISDS Reform
  5. Initial Drafts on Reform Options

Initial Drafts on Reform Options

 

New! Initial draft on Pertinent elements of selected permanent international courts and tribunals (For comments by delegations until 30 June 2022) 

New! Compilation on dispute prevention practices

 

Initial draft on Appellate mechanism 

 

Initial draft on mediation and other forms of alternative dispute resolution (ADR) 

Initial draft on mediation and other forms of alternative dispute resolution (ADR) - Addendum 1 

 

Initial draft on assessment of damages and compensation

 

Initial draft on standing multilateral mechanism: the selection and appointment of ISDS tribunal members and related matters

 

Initial draft on the regulation of third-party funding 

 

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

Draft Code of Conduct for Adjudicators in International Investment Disputes Version Two 

 

Initial draft on the establishment of an advisory centre 

Initial draft on the establishment of an advisory centre – Addendum 1 

 

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