Procedural Rules Reform and Cross-cutting Issues

Notes by the secretariat

• 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)

Reports

• 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) 

Treaty Parties' involvement and control mechanisms on treaty interpretation

Notes by the secretariat

• A/CN.9/WG.III/WP.191 - Possible reform of investor-State dispute settlement (ISDS) - Interpretation of investment treaties by treaty Parties

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

• 4 June 2020 – Treaty Parties' involvement and control mechanisms on treaty interpretation 

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

• OECD paper  - Shareholder Claims for Reflective Loss in Investment State Dispute Settlement: A “Component-by-Component” Approach to Reform Proposals

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

• A/CN.9/WG.III/WP.153 - Cost and duration

Reports

• A/CN.9/964 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its thirty-sixth session

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

• Initial draft on the regulation of third-party funding 
  • Compilation of comments 

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

Assessment of damages and compensation

Notes by the secretariat

• A/CN.9/WG.III/WP.220 - Assessment of damages and compensation

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

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:
  • Armenia
  • Canada
  • European Union and its Member States
  • Russian Federation
  • Switzerland
  • United Kingdom

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