UNCITRAL Working Group III continued its work in Vienna during its 46th session

In October 2023, UNCITRAL delegates to Working Group III gathered again in Vienna to continue their work on ISDS reform. Two topics were discussed—(i) draft provisions on the establishment of the advisory centre on international investment law, and (ii) draft provisions on procedural and cross-cutting issues—and a number of impactful side events occurred. Regarding the topic of the advisory centre, the scope of the centre’s activities and their accessibility to different beneficiaries were debated. Provisions for legal representation stirred division, suggesting prioritization for states over micro, small, and medium enterprises. The latter part of the week focused on procedural and cross-cutting issues. After many significant interventions from developing countries’ delegates, the Working Group decided to prioritize the topic of calculation and assessment and damages. Divergent views surfaced concerning the scope and application of customary international law principles. The Working Group will continue the work on damages in future sessions. Finally, the topic of local remedies sparked contention between developed and developing states, emphasizing varying priorities in reform agendas.