45th Working Group III Preparatory Sessions: Alternative dispute resolution (ADR) and dispute prevention

At its 38th session, the UNCITRAL Working Group III (WGIII)agreed to undertake preparatory work on dispute prevention and means of alternative dispute resolution (ADR), supporting the need for mechanisms that prevent and reduce the frequency of investor-State disputes. This session will consider a number of dispute prevention and mitigation practices that are already in place in national and international mechanisms, their implications for the interests of developing countries, as well as whether and how forms of alternative dispute settlement could be promoted and more widely used.

Below is the resource list for the online preparatory session CCSI hosted in advance of WGIII’s 45th negotiation session:

• UNCITRAL, WP.190, Dispute prevention and mitigation – Means of alternative dispute resolution
• Investor-State Mediation: An Opportunity to Advance Sustainable Outcomes (Jan. 2020)
• CCSI, Investor-State Dispute Prevention: A Critical Reflection (2021)
• CCSI, Alternatives to Investor-State Dispute Settlement
• Mavluda Sattorova, Jonathan Bonnitcha, Yuliya Chernykh, Josef Ostřanský.‘Preventing, mitigating and managing investor-state disputes’ Academic Forum on ISDS Concept Paper 2021/1, November 2021.