45th Working Group III Preparatory Sessions: Cross-Cutting Issues

At the 36th session of the UNCITRAL Working Group III (WGIII), concerns were raised “underlining the importance of improving the global investment environment in a way that encouraged fairness and promoted investment policies in line with the three pillars of sustainable development.” Such discussions on the “concerns and possible reforms of ISDS are of central importance to developing States that adopted such regime.” Accordingly, WGIII identified a series of concerns relating to cross-cutting issues that should be addressed during the reform negotiations. Among these cross-cutting issues, our speakers will be talking about reflective loss and multiple claims, third parties rights and regulatory chill, and counter-claims and investors obligations.

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

• UNCITRAL, note on Multiple proceedings and counterclaims
• CCSI, Access to Justice
• UNCITRAL Working Group III on ISDS Reform: How Cross-Cutting Issues Reshape Reform Options
• UNCITRAL, Shareholder Claims for Reflective Loss in Investment State Dispute Settlement: A “Component-by-Component” Approach to Reform Proposals (with draft model provisions reforming the law on reflective loss and commentary)
• CCSI, IIED, IISD, “Third Party Rights in Investor-State Dispute Settlement: Options for Reform” (also available in Spanish)
• Lorenzo Cotula, (Dis)integration in Global Resource Governance: Extractivism, Human Rights, and Investment Treaties
• Lorenzo Cotula, Investment disputes from below: whose rights matter?
• Nicolás M. Perrone, The international investment regime and local populations: Are the weakest voices unheard?
• Tan David Isidore and Willcocks Andrew, Parallel Proceedings
• David Gaukrodger, Claims For Reflective Loss Under Investment Treaties
• UNCITRAL, Possible reform of investor-State dispute settlement (ISDS) Shareholder claims and reflective loss (WP 170)
• UNCITRAL and OECD, Webinar on Shareholder Claims and Reflective Loss (Agenda En, Fr)
• Lorenzo Cotula and Nicolas Perrone, Reforming investor-state dispute settlement: what about third-party rights?