Strengthening of dispute settlement mechanisms other than arbitration (ombudsman, mediation)

Notes by the secretariat

Advance copies of texts prepared for the 56th session of the Commission

(for reference purposes and in English only)

The documents will be made officially available in all UN languages on the Commission webpage in due course.

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

• A/CN.9/WG.III/WP.228 - Possible reform of investor-State dispute settlement (ISDS): Draft legislative guide on investment dispute prevention and mitigation
• 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
• A/CN.9/WG.III/WP.153 - Cost and duration

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

Reports

• 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) - advance copy
• 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 best practices on investment dispute prevention and mitigation (unofficial document, English only)

Informal meetings

• 18 June 2020 – The Role of Mediation in ISDS  
• 9 November 2020 – Virtual Pre-Inter-sessional Meeting on the Use of Mediation in ISDS
• 6-10 December 2021 – Informal online meeting
• 5 May 2022 - Forum for Further Preparatory Work on Investment Mediation