Procedural Rules Reform and Cross-cutting Issues
Procedural Rules Reform and Cross-cutting Issues
Notes by the secretariat
- A/CN.9/WG.III/WP.244 - Possible reform of investor-State dispute settlement (ISDS): Draft provisions on procedural and cross-cutting issues
- A/CN.9/WG.III/WP.245 - Possible reform of investor-State dispute settlement (ISDS): Annotations to the draft provisions on procedural and cross-cutting issues
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- 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.9/1195 - 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
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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
- Comments received:
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