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UNCITRAL
Reassessing consent in counterclaims: rebalancing investment protection and public interest under the UNCITRAL ISDS reform
EJIL: Talk! | 28-Nov-2025
One of the most notable proposals identifies an investor’s initiation of arbitration as implied consent to a tribunal’s jurisdiction over counterclaims.
keywords: investor-state disputes | ISDS , ISDS reform , UNCITRAL
Time and compromise in UNCITRAL’s Working Group III
EJIL: Talk! | 23-Oct-2025
During the week of 22 September 2025, States once again met in Vienna under Working Group III of the United Nations Commission on International Trade Law (UNCITRAL) to deliberate reforms to investor–State dispute settlement.
keywords: investor-state disputes | ISDS , ISDS reform , UNCITRAL
Discussions on draft provisions on damages in the investor-state dispute settlement system in UNCITRAL Working Group III
South Centre | 2-Sep-2024
This paper summarizes the discussions within the United Nations Commission on International Trade Law Working Group III on the reform of investor-state dispute settlement regarding the two draft provisions on damages.
keywords: investor-state disputes | ISDS , ISDS reform , UNCITRAL
How a documentary film can help UNCITRAL Working Group III think through ISDS reform
EJIL:Talk! | 12-Apr-2024
A documentary film offers a powerful illustration of the ways in which ISDS can impact third parties, exacerbate inequalities, and reinforce power imbalances.
keywords: Ecuador , investor-state disputes | ISDS , ISDS reform , UNCITRAL , video
UNCITRAL adopts a new code of conduct for arbitrators in international investment dispute resolution
Linklaters | 27-Mar-2024
Although a universal and uniform framework regulating arbitrators’ conduct is useful, its impact may be limited due to limited implementation prospects and the absence of punitive measures.
keywords: investor-state disputes | ISDS , ISDS reform , UNCITRAL
ISDS regime could choke climate action in emerging economies, experts say
Global Trade Review | 21-Feb-2024
The investor-state dispute settlement (ISDS) system could be putting climate action at risk in emerging and developing economies as investors in fossil fuel projects angle for compensation, experts say.
keywords: climate , energy , investor-state disputes | ISDS , Mozambique , Pakistan , UNCITRAL
International Chamber of Commerce former arbitrator says ISDS has “lost battle of public opinion” and “legitimacy”
AFTINET | 1-Feb-2024
To maintain the system, he proposes that business should shift away from ISDS in state-to state trade and investment agreements, and instead move to ISDS in contracts between individual investors and states.
keywords: from the movements , ICSID , investor-state disputes | ISDS , UNCITRAL
UNCITRAL and ISDS reform: Lifelong learning
EJIL: Talk! | 30-Nov-2023
Our frequent inability to answer even basic questions about the full universe is a salutary reminder that we know less than is ideal about investor-state dispute settlement (ISDS).
keywords: investor-state disputes | ISDS , ISDS reform , UNCITRAL
Double hatting in international arbitration
Mondaq | 25-Oct-2023
This article aims to explore the issue of double hatting in the field of arbitration in the context of recent developments in the field of international arbitration and the critique against it.
keywords: investor-state disputes | ISDS , UNCITRAL
Uncitral Working Group III reaches notable milestones in recent New York meeting
Mondaq | 2-May-2023
United Nations Commission on International Trade Law ("UNCITRAL" or "Commission") Working Group III finalized provisions on the use of mediation in ISDS.
keywords: investor-state disputes | ISDS , ISDS reform , UNCITRAL