bilaterals.org logo
bilaterals.org logo

UNCITRAL


UNCITRAL and ISDS reform: Visualising a flexible framework
In the end, states have the power to decide collectively what reforms to pursue, in what order and in what form. Individually, they will also have choice about which particular reform options to adopt.
UNCITRAL and ISDS reform: In sickness and in health
This process is likely to end with a plural solution in which both models (ISDS and a permanent court), and possibly others, exist.
UNCITRAL Working Group III: Promoting alternatives to investor–state arbitration as ISDS reform
Several states participating in the UNCITRAL process have already adopted viable alternatives to ISDS.
South Africa, Brazil and Indonesia call for alternatives to ISDS in UN review
Their submissions conclude that the system is detrimental to public budgets, regulations in the public interest, democracy and the rule of law.
Weapons of legal destruction: ISDS lawsuits and Lydian International’s assault on Armenian sovereignty
The signing of an investment treaty involves a unilateral loss of sovereignty on the part of the host state, which is ultimately deemed necessary to attract foreign capital.
Maldives signs UN arbitration convention
Maldivian courts will be obliged to enforce arbitration awards.
Recent developments in ISDS reform
The traditional mechanism of investment arbitration between the investor and the host State has been under attack for some time now from a range of actors and for a variety of reasons.
Pacific pioneer: Papua New Guinea accedes to the New York Convention
The New York Convention is regarded as the most influential treaty in the area of international trade and international commercial arbitration.
UN reform needed to stop companies fighting climate rules: Nobel laureate Stiglitz
Multinational companies will increasingly file massive cases against host countries when climate change policies affect their profits, Nobel Prize-winning economist Joseph Stiglitz said.
UNCITRAL Investor-State Dispute Settlement reform: Why it matters to Caribbean states
Caribbean States and investors are not only participating, but being harmed by the ills and abuses of the current system of ISDS.
An update on the ISDS reform: the 37th Session of the UNCITRAL Working Group III investor-state dispute settlement reform
The 37th session in New York was devoted to addressing and identifying some additional concerns and creating a workplan for carrying out phase three of the mandate—developing possible ISDS reform options.
Phase 2 of the UNCITRAL ISDS review: Why “other matters” really matter
If the investment regime is to be made supportive of development and overcome its legitimacy crisis confronting, something more is required than procedural reforms to ISDS.
We the people reject ISDS. So why are our governments trying to expand it?
A permanent Multilateral Investment Court pushed by the European Union could make ISDS worse by scaling it up.
As the world meets to discuss ISDS, many fear meaningless reforms
ISDS lawyers appear to hold administrative positions within the working group and are represented in large numbers in the advisory bodies that have been established for the working group.
Sharpening clash as UN body reviews investor rights to sue governments (ISDS)
Advocates of ISDS (industrialised countries and lawyers from the ‘arbitration industry’) dominate the running of the Working Group and its advisory bodies. Civil society is underrepresented.
Trump’s damaged NAFTA deal
USMCA bears many resemblances to NAFTA, which has been cited as a driver of low-wage corporate outsourcing.
Independence and impartiality of arbitrators in investor-state arbitration: perceived problems and possible solutions
The principle that adjudicators must be independent and impartial is at the core of any adjudicatory mechanism. It plays an important role in Investor-State arbitration, where arbitrators typically sit for a short amount of time and are not career judges.
UN special procedures mandate holders’ letter to UNCITRAL WG III on ISDS reform
We wish to express our overarching concerns that international investment agreements and their ISDS mechanism have often proved to be incompatible with international human rights law and the rule of law.
Investor–State Dispute Settlement reform talks resume at UNCITRAL
The next meeting of a United Nations working group debating options for reforming investor–state dispute settlement (ISDS) will take place in New York from April 1 to 5.
The future of investor-state dispute settlement deliberated at UNCITRAL: Unveiling a dichotomy between reforming and consolidating the current regime
Reform of investor-state dispute settlement (ISDS) is being deliberated at the United Nations Commission on International Trade Law (UNCITRAL) Working Group III, which will be meeting in New York between the 1st and 5th of April 2019.