37th Working Group III Session Preparatory Session

In advance of the 37th Working Group III Session Preparatory Session (29-30 March 2019, New York), CCSI hosted a two-day preparatory session for delegates. Please find the relevant agenda and resources for this preparatory session below.

Day 1 Agenda:  

• An overview of Working Group III’s process to date and insights from intersessionals 
• The upcoming WGIII meeting – “Third Party Funding” 
  • Third Party Funding in ISDS, with Brooke Guven, CCSI
• The upcoming WGIII meeting – Are there “other concerns”?

Day 2 Agenda: 

• An overview of UNCITRAL and Working Group III 
• Workplans: An overview and discussion of state workplan submissions
• Considering Phase III of the Working Group’s ISDS Reform Mandate: Overview of issues, options and proposals for reform – framing, principles, objectives and option
  • Claims for Reflective Loss under Investment Treaties, with David Gaukrodger, OECD
  • Investor Protections: Options and Proposals for Reform, with Manuel F Montes, South Centre
  • Benedict Kingsbury, New York University School of Law
  • Flexible Approaches to ISDS Reform, with Matt Porterfield, Georgetown University
• Looking more closely at certain reform proposals
  • Multilateral Investment Court, with Marc Bungenberg, Saarland University
  • Appellate Body, with Marc Bungenberg, Saarland University
  • Procedural Reforms and Investor rights and obligations, with Lorenzo Cotula, International Institute for Environment and Development
  • Exploring limits on access to ISDS (e.g., exhaustion, restricting claims, filters, pleading standards), with Matthew Porterfield, Georgetown University
  • Termination and withdrawal of consent, with Matthew Porterfield, Georgetown University