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The UNCITRAL Secretariat has published initial draft provisions on the regulation of third-party funding in Investor-State Dispute Settlement (ISDS). The draft presents various potential models that the Working Group on Investor-State Dispute Settlement Reform (Working Group III, the “Working Group”) may adopt for regulating third-party funding. It includes proposed definitions, possible sanctions for inadmissible third-party … Read more
The United Nations Commission on International Trade Law’s (“UNCITRAL“) Working Group II (Arbitration and Conciliation/Dispute Settlement) (“WGII“) has published the advance copy of its report (the “Report“) on the discussions held between 21 and 25 September 2020 during its 72nd session. The Report provides details about the discussions around various issues, including: (i) the form … Read more
The United Nations Commission on International Trade Law’s (“UNCITRAL“) Working Group III (Investor-State Dispute Settlement Reform) (“WGIII”) has recently published two draft working papers for comment (the “Working Papers”). The Working Papers address the possible reform of investor-state dispute settlement (“ISDS“), focusing on (i) an appellate mechanism and enforcement issues and (ii) the selection and … Read more
The United Nations Commission on International Trade Law’s (“UNCITRAL“) Working Group III (Investor-State Dispute Settlement Reform) (“WGIII“) has published its report (the “Report“) on the work conducted between 20 and 24 January 2020 during its resumed 38th session. The Report provides details about the discussions around the following issues: (i) whether the investor-state dispute settlement … Read more