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Working Group III: ISDS Reform
Implementation of the reforms: multilateral instrument on ISDS reform
Implementation of the reforms: multilateral instrument on ISDS reform
Notes by the secretariat
A/CN.9/WG.III/WP.194 - Possible reform of investor-State dispute settlement (ISDS) - Multilateral instrument on ISDS reform
Reports
A/CN.9/1004* - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its thirty-eighth session
Intersessional Activities
23 April 2020 -
Webinar on a multilateral instrument on ISDS reform
14 May 2020 -
Webinar on a multilateral instrument on ISDS reform
Reform options
Presentation of reform options
Tribunals, ad hoc and standing multilateral mechanism
Multilateral advisory centre
Stand-alone review or appellate mechanism
Standing first instance and appeal investment court, with full-time judges
Arbitrators and adjudicators appointment methods and ethics
ISDS tribunal members' selection appointment and challenge
Code of conduct
Treaty Parties' involvement and control mechanisms on treaty interpretation
Dispute prevention and mitigation
Strengthening of dispute settlement mechanisms other than arbitration (ombudsman, mediation)
Exhaustion of local remedies
Procedure to address frivolous claims, including summary dismissal
Multiple proceedings, reflective loss and counterclaims by respondent States
Cost management and related procedures
Expedited procedures
Principles/guidelines on allocation of cost and security for cost
Third-party funding
Implementation of the reforms: multilateral instrument on ISDS reform
