UNCITRAL WGIII continues work on ISDS reform ahead of the 43rd formal session in September 2022

Draft code of conduct for legal decision-makers still under discussion

In accordance with its work plan, UNCITRAL WGIII is continuing to make progress on ISDS reform. At its 42nd session, held in hybrid format from February 14 to 18, 2022, WGIII continued its consideration of the draft code of conduct and the draft standing multilateral mechanism. However, negotiators could not reach consensus on all the provisions in the code, and only Articles 1 to 7 of the draft on the standing multilateral mechanism were examined. At the suggestion of WGIII, the UNCITRAL Secretariat  prepared revised draft provisions of both documents, which were then considered at two informal meetings in March 2022.

Draft working documents prepared in addition to the two drafts initially submitted for comment

Following the two informal meetings, the Secretariat prepared draft working documents for the 43rd formal session of WGIII, in addition to the initial draft text on the appellate mechanism and the initial draft text of the pertinent elements of selected permanent international courts submitted to delegates for comments. These documents were presented to delegates at an informal meeting held from June 7 to 10. On the agenda at this meeting were the code of conduct, the reform of the rules of procedure, and the multilateral instrument on ISDS reform. The objective was to allow the Secretariat to finalize the documents for the upcoming sessions and to assist delegates in their preparation for the next Working Group meetings.

The 55th session of the UNCITRAL Commission will take place before the 43rd formal session of WGIII

Prior to the 43rd formal session of WGIII, which is scheduled to take place from September 5 to 16, 2022, the UNCITRAL Commission will hold its 55th session from June 27 to July 15, 2022. During the session, the Commission will consider the progress of the work of WGIII on ISDS reform.