Investment Mediation and Dispute Prevention

Texts

• UNCITRAL Guidelines on Mediation for International Investment Disputes (2023)  (Annex: UNCITRAL Model Provisions on Mediation for International Investment Disputes)

Texts for comments by States

• A/CN.9/1185 - Possible reform of investor-State dispute settlement (ISDS) - Draft toolkit on prevention and mitigation of international investment disputes 

Reports of the Commission and Working Group

• A/79/17 - Report of the United Nations Commission on International Trade Law Fifty-seventh session
• A/78/17 - Report of the United Nations Commission on International Trade Law Fifty-sixth session
• A/CN.9/1167 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its forty-eighth session (New York, 1-5 April 2024)
• A/CN.9/1161 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its forty-seventh session (Vienna, 22-26 January 2024)
• 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
• A/CN.9/WG.III/WP.210 - Summary of the inter-sessional meeting on investor-State dispute settlement (ISDS) reform submitted by the People’s Republic of China 

Notes by the secretariat (investment mediation)

• A/CN.9/1151 - Draft UNCITRAL guidelines on investment mediation
• A/CN.9/1150 - Draft provisions on mediation
• 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

Notes by the secretariat (dispute prevention and mitigation)

• A/CN.9/1185 - Possible reform of investor-State dispute settlement (ISDS) - Draft toolkit on prevention and mitigation of international investment disputes 
• 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
  • Revised version of A/CN.9/WG.III/WP.235 (unofficial document, English only)  
  • Comments and reference materials on international investment dispute prevention and mitigation
    • Argentina (Spanish only)
    • Brazil (English only)
    • Jamaica (English only)
    • Republic of Korea (English only)
    • Viet Nam (English only)
    • European Union and its Member States (English only)
    • Enabling Foreign Direct Investment in the Renewable Energy Sector (English only)
    • OHADAC Conflict Management Committee Rules (English only)
    • CIL (English only)

• A/CN.9/WG.III/WP.228 - Possible reform of investor-State dispute settlement (ISDS): Draft legislative guide on investment dispute prevention and mitigation
  • Compilation of best practices on investment dispute prevention and mitigation (unofficial document, English only)
• A/CN.9/WG.III/WP.190 - Possible reform of investor-State dispute settlement (ISDS) - Dispute prevention and mitigation - Means of alternative dispute resolution

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

Additional resources

• IPBA Decision Trees on Investor-State Mediation 

Informal meetings

• 7 July 2023 - Forum on Dispute Prevention in Investor-State Dispute Settlement
• 5 May 2022 - Forum for Further Preparatory Work on Investment Mediation
• 6-10 December 2021 – Informal online meeting
• 28-29 October 2021 – Fifth Inter-sessional 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