Report of Working Group III (Investor-State Dispute Settlement Reform) on the work of its thirty-fifth session

At its fiftieth session, the Commission had before it notes by the Secretariat on “Possible future work in the field of dispute settlement: Concurrent proceedings in international arbitration” (A/CN.9/915); on “Possible future work in the field of dispute settlement:

Ethics in international arbitration” (A/CN.9/916), and on “Possible future work in the field of dispute settlement: Reforms of investor-State dispute settlement (ISDS)” (A/CN.9/917). Also, before it was a compilation of comments by States and international organizations on ISDS Framework (A/CN.9/918 and addenda).

2. Having considered the topics in documents A/CN.9/915, A/CN.9/916 and A/CN.9/917, the Commission entrusted the Working Group with a broad mandate to work on the possible reform of investor-State dispute settlement (ISDS). In line with the UNCITRAL process, the Working Group would, in discharging that mandate, ensure that the deliberations, while benefiting from the widest possible breadth of available expertise from all stakeholders, would be government-led with high-level input from all governments, consensus-based and fully transparent. The Working Group would proceed to: (i) first, identify and consider concerns regarding ISDS; (ii) second, consider whether reform was desirable in light of any identified concerns; and (iii) third, if the Working Group were to conclude that reform was desirable, develop any relevant solutions to be recommended to the Commission. The Commission agreed that broad discretion should be left to the Working Group in discharging its mandate, and that any solutions devised would be designed taking into account the ongoing work of relevant international organizations and with a view of allowing each State the choice of whether and to what extent it wishes to adopt the relevant solution(s).

This content has been updated on 20 August 2020 at 13 h 35 min.