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UNCITRAL


Appeal in ISDS: Appealing for the host state?
The basis of a claim in ISDS is always the applicable international investment agreement. There would always be differences and inconsistencies with an appellate mechanism.
UNCITRAL and ISDS reform: Plausible folk theories
As observers of the UNCITRAL process, we watch the debates with great interest, writing about the emergence of different camps, giving perspectives on how the process fits within broader geopolitical developments, and offering potential models for moving forward.
Letter from Africa CSOs and trade unions to African delegates at the UNCITRAL round
We civil society organizations and trade unions from the African continent express our concerns about the proposal presented by the European Union to establish a multilateral investment court and support further reaching reforms of ISDS.
ISDS reform: Designing permanent institutions at Working Group III
The UNCITRAL Working Group III turned squarely to designing permanent institutions: a standing appellate mechanism and a multilateral investment court (MIC).
The US drops ISDS
The US government used to be the chief proponent of strong investor protection clauses in international trade deals. No longer. What happened?
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.