44th Working Group III Preparatory Sessions: Appellate Mechanism

Alongside discussions concerning the creation of a multilateral permanent investment tribunal, WGIII has also focused discussions around a possible appellate mechanism for ISDS disputes. This session will support participants to engage in discussions around a proposed appellate mechanism, including with respect to the institutional framework, criteria for appeals, and the impacts on and intersections with other institutional arrangements and judicial decisions.

Below is the resource list for the online preparatory session CCSI hosted in advance of WGIII’s 44th negotiation session:

• IISD, UNCITRAL Working Group III Debate: Enforceability of awards by an appellate mechanism or an investment court under the ICSID and New York Conventions
• UNCITRAL, Possible reform of investor-State dispute settlement (ISDS): Appellate mechanism – advance copy
• The South Centre, Grace Estrada, Appeal in ISDS: Appealing for the Host State?