Canada–UAE BIT Introduces Modernised Dispute Rules, Including Third-Party Funding Disclosure

The red-and-white Canada flag flies in front of a government building.

The recently signed the Canada–UAE BIT includes notable innovations: an expedited arbitration procedure for small claims, mandatory third-party funding disclosure requirements, and a code of conduct for arbitrators. These provisions reflect treaty drafting aimed at addressing some of the common criticisms of ISDS, such as lack of transparency, high costs, and concerns about arbitrator conflicts of interest. These innovations signal that states are increasingly embedding procedural safeguards directly into treaty texts, rather than waiting for multilateral reform at UNCITRAL. The Canada–UAE BIT may serve as a model for future bilateral negotiations seeking to modernise ISDS mechanisms without awaiting global consensus. At the same time, the agreement does not remove ISDS entirely–a policy option that is best aligned with sustainable development.