Procedural Rules Reform and Cross-cutting Issues
Notes by the secretariat
- Guide to the draft provisions (unofficial document, English only)
- A/CN.9/WG.III/WP.253 - Possible reform of investor-State dispute settlement (ISDS): Draft provisions on procedural and cross-cutting issues
- A/CN.9/WG.III/WP.254 - Possible reform of investor-State dispute settlement (ISDS): Annotations to draft provisions on procedural and cross-cutting issues
- A/CN.9/WG.III/WP.255 - Possible reform of investor-State dispute settlement (ISDS): Draft guidelines on the calculation of damages and compensation in investor-State dispute settlement
- A/CN.9/WG.III/WP.261 - Possible reform of investor-State dispute settlement (ISDS): Submission from the Governments of Viet Nam and Nigeria(English only)
- A/CN.9/WG.III/WP.262 - Possible reform of investor-State dispute settlement (ISDS): Draft provisions on procedural and cross-cutting issues (revised text of draft provision 5–8, 12, 18, 19 and 20)
A/CN.9/WG.III/WP.263 - Summary of the ninth intersessional meeting on investor-State dispute settlement (ISDS) reform submitted by the Government of Chile (in English and Spanish only)
- A/CN.9/WG.III/WP.244 - Possible reform of investor-State dispute settlement (ISDS): Draft provisions on procedural and cross-cutting issues
- Corrigendum to the draft provisions on procedural and cross-cutting issues (A/CN.9/WG.III/WP.244 and A/CN.9/WG.III/WP.245)(unofficial document, English only)
- Updated compilation of IIA provisions and arbitration rules related to procedural and cross-cutting issues (unofficial document, English only)
- A/CN.9/WG.III/WP.248 - Possible reform of investor-State dispute settlement (ISDS): Additional provisions on procedural and cross-cutting issues and resources available to the Working Group
- A/CN.9/WG.III/WP.231 - Possible reform of investor-State dispute settlement (ISDS): Draft provisions on procedural and cross-cutting issues
- A/CN.9/WG.III/WP.232 - Possible reform of investor-State dispute settlement (ISDS): Annotations to the draft provisions on procedural and cross-cutting issues
- Compilation of IIA Provisions and Arbitration Rules Related to Procedural and Cross-Cutting Issues (unofficial document, English only)
Comments on the procedural and cross-cutting issues
- Compilation of comments on A/CN.9/WG.III/WP.244 (as of 1 April 2025)
- Compilation of comments on A/CN.9/WG.III/WP.248 (as of 18 March 2025)
Reports
- A/CN.9/1238 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its fifty-second session (Vienna, 22–26 September 2025)
- A/CN.9/1196/Add.1 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its fifty-first session, second part (New York, 7–11 April 2025)
- A/CN.9/1195 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its fiftieth session (Vienna, 20–24 January 2025)
- A/CN.9/1194 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its forty-ninth session (Vienna, 23–27 September 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.9/1160 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its forty-sixth session (Vienna, 9–13 October 2023)
Additional resources
- UNCTAD IIA Issues Note, No. 1, 2024 - Compensation and Damages in Investor-State Dispute Settlement Proceedings
- The ICCA-ASIL DIA web application - Damages in International Arbitration
Treaty Parties' involvement and control mechanisms on treaty interpretation
Notes by the secretariat
Reports
- A/CN.9/964 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its thirty-sixth session
- A/CN.9/935 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its thirty-fifth 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
Informal meetings
Exhaustion of local remedies
Reports
- A/CN.9/970 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its thirty-seventh session
- A/CN.9/935 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its thirty-fifth session
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)
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
Multiple proceedings, reflective loss and counterclaims by respondent States
Notes by the secretariat
- A/CN.9/WG.III/WP.193 - Possible reform of investor-State dispute settlement (ISDS) - Multiple proceedings and counterclaims
- A/CN.9/WG.III/WP.170 - Shareholder claims and reflective loss
- A/CN.9/WG.III/WP.142 - Possible reform of investor-State dispute settlement (ISDS)
Reports
- A/CN.9/970 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its thirty-seventh 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.9/935 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its thirty-fifth 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
Informal meetings
- 6-10 December 2021 – Informal online meeting
- 2 July 2020 - Webinar on Shareholder Claims and Reflective Loss
Expedited procedures
Notes by the secretariat
Reports
Principles/guidelines on allocation of cost and security for cost
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
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.9/964 - 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
Third-party funding
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.172 - Third-party funding - Possible solutions
- A/CN.9/WG.III/WP.157 - Third-party funding
- A/CN.9/WG.III/WP.153 - Cost and duration
Initials Drafts
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.9/970 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its thirty-seventh 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.9/935 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its thirty-fifth 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
- European Law Institute (ELI) - Principles Governing the Third Party Funding of Litigation (August 2024)
Assessment of damages and compensation
Notes by the secretariat
Initial Drafts
Initial draft on assessment of damages and compensation
Reports
Informal meetings
- 26 August 2021 – Damages
ISDS tribunal members' selection appointment and challenge
Notes by the secretariat
- A/CN.9/WG.III/WP.213 - Possible reform of investor-State dispute settlement (ISDS) - Standing multilateral mechanism: Selection and appointment of ISDS tribunal members and related matters
- A/CN.9/WG.III/WP.203 - Possible reform of investor-State dispute settlement (ISDS) – Selection and appointment of ISDS tribunal members
- A/CN.9/WG.III/WP.169 - Selection and appointment of ISDS tribunal members
- A/CN.9/WG.III/WP.152 - Arbitrators and decision-makers: appointment mechanisms and related issues
- A/CN.9/WG.III/WP.151 - Ensuring independence and impartiality on the part of arbitrators and decision makers in ISDS
- A/CN.9/WG.III/WP.146 - Submissions from international intergovernmental organizations on appointment of arbitrators
Initials Drafts
- Initial draft on Selection and Appointment of ISDS tribunal members
- Comments received:
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.9/1092 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its forty-second session (New York, 14-18 February 2022)
- A/CN.9/1004/Add.1 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its resumed 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.9/935 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its thirty-fifth session
- 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