Procedure to address frivolous claims, including summary dismissal

Notes by the secretariat

• A/CN.9/WG.III/WP.219 - Possible reform of investor-State dispute settlement (ISDS): Draft provisions on procedural reform
• A/CN.9/WG.III/WP.192 - Possible reform of investor-State dispute settlement (ISDS) - Security for cost and frivolous claims
• A/CN.9/WG.III/WP.153 - Cost and duration
• A/CN.9/WG.III/WP.142 - Possible reform of investor-State dispute settlement (ISDS)

Initial Drafts

Initial draft on assessment of damages and compensation

• Comments received:
  • Canada
  • Colombia
  • Panama
  • Switzerland
  • USA
  • International Law Institute
  • CCSI, IISD, IIED

Reports

• A/CN.9/1124 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its forty-third session (Vienna, 5-16 September 2022)
• 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.9/930/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

• Compilation of selected procedural provisions in recent IIAs (unofficial document, English only)

Informal meetings

• 7-10 June 2022 – Informal online meeting