Investment Mediation and Dispute Prevention

Notes by the secretariat

• A/CN.9/WG.III/WP.235 - Possible reform of investor-State dispute settlement (ISDS): Draft guidelines on prevention and mitigation of international investment disputes - advance copy
• A/CN.9/1151 - Draft UNCITRAL guidelines on investment mediation
• A/CN.9/1150 - Draft provisions on mediation
• A/CN.9/WG.III/WP.228 - Possible reform of investor-State dispute settlement (ISDS): Draft legislative guide on investment dispute prevention and mitigation
• A/CN.9/WG.III/WP.227 - Possible reform of investor-State dispute settlement (ISDS): Draft guidelines on investment mediation
• A/CN.9/WG.III/WP.226 - Possible reform of investor-State dispute settlement (ISDS): Draft provisions on mediation
• A/CN.9/WG.III/WP.218 ­- Possible reform of investor-State dispute settlement (ISDS): Draft guidelines on investment mediation
• A/CN.9/WG.III/WP.217 ­- Possible reform of investor-State dispute settlement (ISDS): Draft provisions on mediation
• A/CN.9/WG.III/WP.190 - Possible reform of investor-State dispute settlement (ISDS) - Dispute prevention and mitigation - Means of alternative dispute resolution
• A/CN.9/WG.III/WP.153 - Cost and duration

Initials Drafts

• 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 

• Comments received:
  • Armenia
  • Colombia
  • European Union and its Member States - Draft clauses on mediation
  • European Union and its Member States - Draft guidelines on mediation
  • Kingdom of Bahrain
  • Panama
  • Republic of Korea
  • Singapore
  • Viet Nam
  • FICA
  • SIMC

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.9/1124 - 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.9/964 - 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 best practices on investment dispute prevention and mitigation (unofficial document, English only)

Informal meetings

• 5 May 2022 - Forum for Further Preparatory Work on Investment Mediation
• 6-10 December 2021 – Informal online meeting
• 9 November 2020 – Virtual Pre-Inter-sessional Meeting on the Use of Mediation in ISDS
• 18 June 2020 – The Role of Mediation in ISDS