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UNCITRAL and ISDS Reform (Online): Can You Hear Me Now?

‘Can you hear me now?’ is a question that the delegates of Working Group III asked each other often last week, as negotiations on ISDS reform continued but…

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UNCITRAL WGIII and Human Rights: towards a more balanced ISDS System?

Introduction Human rights law and investment arbitration law have traditionally been viewed as divergent fields, reflecting distinct objectives and representing the interests of different stakeholders. The…

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Uses and abuses of authentic interpretations of international investment agreements: Reflections on the role of arbitral tribunals as masters of the judicial function

In their previous posts, Catharine Titi and Tarcisio Gazzini discussed some general aspects concerning authentic (joint) interpretations of international investment agreements. They brilliantly clarified aspects concerning…

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The Timing of Treaty Party Interpretations

Treaty interpretation by treaty Parties was initially planned to be discussed in the 39th session of UNCITRAL Working Group III scheduled to take place in New York…

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Authentic (or Authoritative) Interpretation of Investment Treaties by the Treaty Parties

General remarks The interpretation of investment treaties is governed by the rules on interpretation codified in Articles 31 to 33 of the Vienna Convention on the…

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The Draft Code of Conduct for Adjudicators in Investor-State Dispute Settlement: An Important Step Forward in the Reform Process?

On May 1, 2020, the secretariats of ICSID and UNCITRAL released the first draft of the Code of Conduct for Adjudicators in Investor-State Dispute Settlement…

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UNCITRAL and ISDS Reform: Plausible Folk Theories

  As observers of the UNCITRAL process, we watch the debates with great interest, writing about the emergence of different camps, giving perspectives on how the…

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UNCITRAL and ISDS Reforms: What Makes Something Fly?

  When conducting an international negotiation, the Chair has to ask him or herself: what makes something fly? This question really has two parts. The first…

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UNCITRAL and ISDS Reform: Visualising a Flexible Framework

In UNCITRAL, states have broken through the impasse of the incrementalist and systemic reformer camps. They have all agreed that they want to pursue systemic reform,…

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UNCITRAL and ISDS Reform: In Sickness and In Health

UNCITRAL Working Group III met in Vienna last week to continue its discussions about how to reform investor-state dispute settlement (ISDS). In April 2019, the Working Group agreed…

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