Working Group III: Investor-State Dispute Settlement Reform
Status of preparatory work on reform options and schedule of events – Update as of 14 May 2020
Webinars
- 21 April 2020 – Establishment of an Advisory Centre
- 23 April 2020 – Multilateral instrument on ISDS reform
- 14 May 2020 – Multilateral instrument on ISDS reform
- 4 June 2020 – Treaty Parties' involvement and control mechanisms on treaty interpretation
- 18 June 2020 – The Role of Mediation in ISDS
- 2 July 2020 – Shareholder claims and reflective loss
Draft Working Papers for comments
- Code of conduct for Adjudicators in Investor-State Dispute Settlement (with annotations) and Annexes
- Overview of the Code of Conduct English | Français | Español
- Online presentation open to stakeholders
ICSID and UNCITRAL Release Draft Code of Conduct for Adjudicators
May 1, 2020: Today the Secretariats of the International Centre for Settlement of Investment Disputes (ICSID) and the United Nations Commission on International Trade Law (UNCITRAL) released a draft Code of Conduct for Adjudicators.
The draft Code was developed jointly by the ICSID and UNCITRAL Secretariats in the context of the work of UNCITRAL Working Group III (ISDS reform) and the process underway to amend ICSID’s rules of procedure.
The draft provides applicable principles and detailed provisions addressing matters such as independence and impartiality, and the duty to conduct proceedings with integrity, fairness, efficiency and civility. It is based on a comparative review of standards found in codes of conduct in investment treaties, arbitration rules applicable to ISDS, and of international courts.
Comments on the draft are welcome and may be sent to the UNCITRAL Secretariat (uncitral@un.org) and ICSID Secretariat (icsidsecretariat@worldbank.org) on or before 15 October 2020. Comments from States, international organizations and other interested stakeholders will be compiled and published jointly by UNCITRAL and ICSID in the form and language in which they are received.
39th session 30 March - 3 April 2020, New York
Alert: Due to the Coronavirus (COVID-19) situation, the March, April and May sessions of UNCITRAL Working Groups I, III, IV, V and VI had to be postponed until further notice. The Secretariat will communicate to delegations in due course any arrangements that may be put in place to allow making progress on the working papers scheduled for consideration at those sessions.
- A/CN.9/WG.III/WP.189 - Annotated provisional agenda
- A/CN.9/WG.III/WP.170 - Possible reform of investor-State dispute settlement (ISDS) - Shareholder claims and reflective loss
- 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.191 - Possible reform of investor-State dispute settlement (ISDS) - Interpretation of investment treaties by treaty Parties
- 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.193 - Possible reform of investor-State dispute settlement (ISDS) - Multiple proceedings and counterclaims
- A/CN.9/WG.III/WP.194 - Possible reform of investor-State dispute settlement (ISDS) - 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 (advance copy)
- 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 (advance copy English only)
- A/CN.9/WG.III/WP.197 - Submission from the Government of Turkey (advance copy)
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