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Time, Form, and Coalitions: Reflections on the 53rd Session of UNCITRAL Working Group III

The 53rd Session of UNCITRAL Working Group III (WGIII), held in mid-January 2026 in New York, marked another modest but revealing step in the long road toward reforming investor–State dispute…

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Reassessing Consent in Counterclaims: Rebalancing Investment Protection and Public Interest under the UNCITRAL ISDS Reform

In mid-2025, the United Nations Commission on International Trade Law (UNCITRAL) Working Group III (WGIII) released a new set of Draft Provisions on Procedural and Cross-Cutting…

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Time and Compromise in UNCITRAL’s Working Group III

During the week of 22 September 2025, States once again met in Vienna under Working Group III (WGIII) of the United Nations Commission on International Trade Law (UNCITRAL)…

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A Multilateral Instrument on ISDS Reform (MIIR): Selected Design Issues

Introduction This post addresses issues being considered in the UNCITRAL Working Group III process in relation to the design of a multilateral instrument on investor–State dispute…

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Compliance through Enforcement in ISDS: What can UNCITRAL Working Group III learn from the ECtHR?

The ISDS reform process at UNCITRAL Working Group III provides a unique opportunity to consider new institutional dispute settlement designs. As EJIL:Talk! Readers will know from earlier blogs…

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How a documentary film can help UNCITRAL Working Group III think through ISDS reform

As states explore options to reform investment treaties and investor-state dispute settlement (ISDS), they can draw on a growing body of grounded perspectives about how the system works…

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UNCITRAL and ISDS Reform: Lifelong Learning

How many International Investment Disputes have there been since 1973? How many International Investment Disputes are ongoing now? We do not know. There is no authoritative count. How…

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UNCITRAL and ISDS Reform: Moving to the Delivery Phase

The investor-state dispute settlement (ISDS) reform process underway in UNCITRAL Working Group III has entered the delivery phase. The first four reform products were delivered in July 2023,…

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UNCITRAL and ISDS Reform: What to Expect When You’re Expecting

From September 5 – 16, the delegates of UNCITRAL Working Group III were back in Vienna to continue discussing ISDS reform. While it was possible for registered delegates…

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UNCITRAL and ISDS Reform (Hybrid): Islands of Persuasion

Since UNCITRAL Working Group III opened its most recent session on 14 February, many delegates began their interventions by wishing each other a Happy Valentine’s Day. As they…

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