Negotiators working on multilateral reform of the ISDS system will reconvene on October 5 to 9, 2020, in Vienna for their 39th session. This session, which was originally to be held in March and April 2020, was rescheduled in light of the COVID-19 pandemic.
This meeting will be the latest in a years-long process which aims to identify states’ concerns regarding ISDS and identify potential options for reform of the system.
According to the provisional agenda, the Working Group is expected to consider several topics related to ISDS reform, including dispute prevention, mitigation and mediation; treaty interpretation; security for costs and frivolous claims; multiple proceedings and counterclaims; and a multilateral instrument on ISDS reform. Submissions from several governments will also be considered.
The Working Group has additionally posted several working papers on their website, which are open for comments. These papers address the appellate mechanism and enforcement issues; the selection and appointment of ISDS tribunal members; and a code of conduct for adjudicators in ISDS. As we , these topics were discussed in depth during the January 2020 session.