Working Group III: Investor-State Dispute Settlement Reform
45th session 27-31 March 2023, New York
- A/CN.9/WG.III/WP.225 - Annotated provisional agenda (advance copy)
- A/CN.9/WG.III/WP.226 - Possible reform of investor-State dispute settlement (ISDS): Draft provisions on mediation (advance copy)
- A/CN.9/WG.III/WP.227 - Possible reform of investor-State dispute settlement (ISDS): Draft guidelines on investment mediation (advance copy)
44th session 23-27 January 2023, Vienna
- Summary of discussions - A/CN.9/WG.III/XLIV/CRP.1 | Add.1 (23.01.2023) | Add.2 (24.01.2023) | Add.3 (25.01.2023) | Add.4 (26.01.2023) | Add.5 (27.01.2023)
- Proposal by the chairperson – A/CN.9/WG.III/XLIV/CRP.2
- A/CN.9/WG.III/WP.222 - Annotated provisional agenda
- A/CN.9/WG.III/WP.223 - Possible reform of investor-State dispute settlement (ISDS): Draft Codes of Conduct and Commentary
- Text for the Commentary to the Code of Conduct for Judges (unofficial document, English only)
- A/CN.9/WG.III/WP.224 - Possible reform of investor-State dispute settlement (ISDS): Appellate mechanism
43rd session 5-16 September 2022, Vienna
- 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/WG.III/WP.215 - Annotated provisional agenda
- A/CN.9/WG.III/WP.212 - Advisory Centre
- A/CN.9/WG.III/WP.212/Add.1 - Advisory Centre
- A/CN.9/WG.III/WP.213 - Standing multilateral mechanism: Selection and appointment of ISDS tribunal members and related matters
- Cost and financing of a permanent multilateral body (unofficial document, English only)
- A/CN.9/WG.III/WP.216 - Possible reform of investor-State dispute settlement (ISDS): Draft Code of conduct
- 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.218 - Possible reform of investor-State dispute settlement (ISDS): Draft guidelines on investment mediation
- A/CN.9/WG.III/WP.219 - Possible reform of investor-State dispute settlement (ISDS): Draft provisions on procedural reform
- Compilation of selected procedural provisions in recent IIAs (unofficial document, English only)
- A/CN.9/WG.III/WP.220 - Possible reform of investor-State dispute settlement (ISDS): Assessment of damages and compensation
- A/CN.9/WG.III/WP.221 - Possible reform of investor-State dispute settlement (ISDS): Multilateral instrument on ISDS reform
- A/CN.9/WG.III/WP.194 - Multilateral instrument on ISDS reform
- Comments from experts (unofficial document, English only)
- Submission from New York International Arbitration Center (NYIAC) on Article 4 of the Code of Conduct (unofficial document, English only)
- Letter from the chair of Working Group III to member States of UNCITRAL (April 2022)
- Letter from the chair of Working Group III to member States of UNCITRAL (September 2022)
42nd session 14-18 February 2022, New York
- Letter from the chair of Working Group III to member States of UNCITRAL
- 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/WG.III/WP.211 - Annotated provisional agenda
- A/CN.9/WG.III/WP.208 - Draft code of conduct: Means of implementation and enforcement
- A/CN.9/WG.III/WP.209 - Draft Code of Conduct
- A/CN.9/WG.III/WP.212 - Advisory Centre
- A/CN.9/WG.III/WP.212/Add.1 - Advisory Centre
- A/CN.9/WG.III/WP.213 - Standing multilateral mechanism: Selection and appointment of ISDS tribunal members and related matters
- A/CN.9/WG.III/WP.214 - Summary of the inter-sessional meeting on investor-State dispute settlement (ISDS) reform submitted by the Government of the Republic of Korea
41st session 15-19 November 2021, Vienna
- Letter from the chair of Working Group III to member States of UNCITRAL
- A/CN.9/1086 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its forty-first session (Vienna, 15-19 November 2021)
- A/CN.9/WG.III/WP.207 - Annotated provisional agenda
- A/CN.9/WG.III/WP.208 - Draft code of conduct: Means of implementation and enforcement
- A/CN.9/WG.III/WP.209 - Draft Code of Conduct
- A/CN.9/WG.III/WP.210 - Summary of the inter-sessional meeting on investor-State dispute settlement (ISDS) reform submitted by the People’s Republic of China
Resumed 40 th session 4-5 May 2021, Vienna
- Letter from the chair of Working Group III to member States of UNCITRAL
- A/CN.9/1054 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its resumed fortieth session (Vienna, 4 and 5 May 2021)
- A/CN.9/WG.III/WP.205 - Annotated provisional agenda
- A/CN.9/WG.III/WP.206 - Workplan to implement investor-State dispute settlement (ISDS) reform and resource requirements
40 th session 8-12 February 2021, Vienna
- Letter from the chair of Working Group III to member States of UNCITRAL
- Information sheet for delegations
- A/CN.9/1050 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its fortieth session
- A/CN.9/WG.III/WP.200 - Annotated provisional agenda
- A/CN.9/WG.III/WP.201 - Draft code of conduct
- A/CN.9/WG.III/WP.202 - Appellate mechanism and enforcement issues
- A/CN.9/WG.III/WP.203 - Selection and appointment of ISDS tribunal members
39 th session 5-9 October 2020, Vienna
- Letter from the chair of Working Group III to member States of UNCITRAL
- Information sheet for delegations
- A/CN.9/1044 - Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its thirty-ninth session
- A/CN.9/WG.III/WP.198 - Annotated provisional agenda
- A/CN.9/WG.III/WP.170 - Shareholder claims and reflective loss
- A/CN.9/WG.III/WP.190 - Dispute prevention and mitigation - Means of alternative dispute resolution
- A/CN.9/WG.III/WP.191 - Interpretation of investment treaties by treaty Parties
- A/CN.9/WG.III/WP.192 - Security for cost and frivolous claims
- A/CN.9/WG.III/WP.193 - Multiple proceedings and counterclaims
- A/CN.9/WG.III/WP.194 - Multilateral instrument on ISDS reform
Submission from Governments
- A/CN.9/WG.III/WP.156 - Submission from the Government of Indonesia
- A/CN.9/WG.III/WP.159 - Submission from the European Union and its Member States
- A/CN.9/WG.III/WP.159/Add.1 - Submission from the European Union and its Member States
- A/CN.9/WG.III/WP.161 - Submission from the Government of Morocco
- A/CN.9/WG.III/WP.162 - Submission from the Government of Thailand
- A/CN.9/WG.III/WP.163 - Submission from the Governments of Chile, Israel and Japan
- A/CN.9/WG.III/WP.164 - Submission from the Government of Costa Rica
- A/CN.9/WG.III/WP.171 - Submission from the Government of Brazil
- A/CN.9/WG.III/WP.173 - Submission from the Government of Colombia
- A/CN.9/WG.III/WP.174 - Submission from the Government of Turkey
- A/CN.9/WG.III/WP.175 - Submission from the Government of Ecuador
- A/CN.9/WG.III/WP.176 - Submission from the Government of South Africa
- A/CN.9/WG.III/WP.177 - Submission from the Government of China
- A/CN.9/WG.III/WP.178 - Submission from the Government of Costa Rica
- A/CN.9/WG.III/WP.179 - Submission from the Government of the Republic of Korea
- A/CN.9/WG.III/WP.180 - Submission from the Government of Bahrain
- Submission from the Government of Bahrain (longer version, English only)
- A/CN.9/WG.III/WP.181 - Submission from the Government of Mali
- A/CN.9/WG.III/WP.182 - Submission from the Governments of Chile, Israel, Japan, Mexico and Peru
- A/CN.9/WG.III/WP.183 - Summary of the third inter-sessional regional meeting on ISDS reform submitted by the Government of the Republic of Guinea
- A/CN.9/WG.III/WP.186 - Submission from the Government of Kuwait
- A/CN.9/WG.III/WP.187 - Submission from the Government of Kazakhstan
- A/CN.9/WG.III/WP.188 - Submission from the Government of the Russian Federation
- A/CN.9/WG.III/WP.188/Add.1 - Submission from the Government of the Russian Federation
- A/CN.9/WG.III/WP.195 - Submission from the Government of Morocco
- A/CN.9/WG.III/WP.196 - Submission from the Governments of The Netherlands, Peru and Thailand
- A/CN.9/WG.III/WP.197 - Submission from the Government of Turkey
- A/CN.9/WG.III/WP.199 - Submission from the Government of Burkina Faso
- A/CN.9/WG.III/WP.204 - Submission by the Government of Morocco
ISDS Reform: On-line Resources and Contributions
39 th session 30 March - 3 April 2020, New York
Due to the coronavirus disease 2019 (COVID-19) pandemic, the 2020 March, April and May sessions of UNCITRAL Working Groups I, III, IV, V and VI had to be postponed. Alternative arrangements were put in place, which allowed for progress to be made on the working papers scheduled for consideration at those sessions.
Resumed 38 th session 20-24 January 2020, Vienna
- 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/WG.III/WP.184 - Annotated provisional agenda
- A/CN.9/WG.III/WP.185 - Appellate and multilateral court mechanisms
- A/CN.9/WG.III/WP.169 - Selection and appointment of ISDS tribunal members
38 th session 14-18 October 2019, Vienna
- 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/WG.III/WP.165 - Annotated provisional agenda
- A/CN.9/WG.III/WP.166 - Reform options
- A/CN.9/WG.III/WP.166/Add.1 - Reform options (Tabular presentation)
- A/CN.9/WG.III/WP.167 - Background information on a code of conduct
- A/CN.9/WG.III/WP.168 - Advisory Centre
- A/CN.9/WG.III/WP.169 - Selection and appointment of ISDS tribunal members
- A/CN.9/WG.III/WP.170 - Shareholder claims and reflective loss
- A/CN.9/WG.III/WP.172 - Third-party funding
37 th session 1-5 April 2019, New York
- A/CN.9/WG.III/WP.155 - Annotated provisional agenda
- A/CN.9/WG.III/WP.156 - Submission from the Government of Indonesia
- A/CN.9/WG.III/WP.157 - Possible reform of ISDS - Third-party funding
- A/CN.9/WG.III/WP.158 - Possible reform of ISDS - Information on options for implementing a work plan
- A/CN.9/WG.III/WP.159 - Submission from the European Union and its Member States
- A/CN.9/WG.III/WP.159/Add.1 - Submission from the European Union and its Member States
- A/CN.9/WG.III/WP.160 - Summary of the second inter-sessional regional meeting on ISDS reform submitted by the Government of the Dominican Republic
- A/CN.9/WG.III/WP.161 - Submission from the Government of Morocco
- A/CN.9/WG.III/WP.162 - Submission from the Government of Thailand
- A/CN.9/WG.III/WP.163 - Submission from the Governments of Chile, Israel and Japan
- A/CN.9/WG.III/WP.164 - Submission from the Government of Costa Rica
36 th session 29 October - 2 November 2018, Vienna
- A/CN.9/964 - Report of of Working Group III (Investor-State Dispute Settlement Reform) on the work of its thirty-sixth session
- A/CN.9/WG.III/WP.148 - Annotated provisional agenda
- A/CN.9/WG.III/WP.149 - Possible reform of investor-State dispute settlement (ISDS)
- A/CN.9/WG.III/WP.150 - Possible reform of ISDS - Consistency and related matters
- A/CN.9/WG.III/WP.151 - Possible reform of ISDS - Ensuring independence and impartiality on the part of arbitrators and decision makers in ISDS
- A/CN.9/WG.III/WP.152 - Possible reform of ISDS - Arbitrators and decision makers: appointment mechanisms and related issues
- A/CN.9/WG.III/WP.153 - Possible reform of ISDS - Cost and duration
- A/CN.9/WG.III/WP.154 - Summary of the first intersessional regional meeting on ISDS reform submitted by the Government of the Republic of Korea
35 th session, 23-27 April 2018, New York
- 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/WG.III/WP.144 - Annotated provisional agenda
- A/CN.9/WG.III/WP.145 - Submissions from the European Union
- A/CN.9/WG.III/WP.146 - Submissions from International Intergovernmental Organizations on appointment of arbitrators
- A/CN.9/WG.III/WP.147 - Submission by the Government of Thailand
34 th session, 27 November - 1 December 2017, Vienna
- 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
- A/CN.9/WG.III/WP.141 - Annotated provisional agenda
- A/CN.9/WG.III/WP.142 - Possible reform of investor-State dispute settlement (ISDS)
- A/CN.9/WG.III/WP.143 - Submissions from International Intergovernmental Organizations