Pages 2 and 3 of this document have been redacted pursuant to Article 4.1(a) and (b)
and 4(3) of Regulation 1049/2001.
Ref. Ares(2017)5751549 - 24/11/2017
Ref. Ares(2018)6087220 - 28/11/2018
EUROPEAN COMMISSION
Directorate-General for Trade
The Director General
Brussels,
F.2
(2017)6319135
[Art. 4.1(b)]
NOTE FOR THE ATTENTION OF MARIA ÅSENIUS
HEAD OF CABINET OF COMMISSIONER CECILIA MALMSTRÖM
Subject:
Multilateral investment court – preparation for discussions in
UNCITRAL (27 November – 1 December 2017)
This note provides information on DG TRADE's expectations and preparations for the
upcoming meeting of the United Nations Commission on International Trade Law
(UNCITRAL) Working Group III on 27 November to 1 December 2017 in Vienna on a
possible reform of Investor-State Dispute Settlement (ISDS).
Expectations of the UNCITRAL meeting
It is expected that the meeting in Vienna follows very closely the mandate given to the
Working Group ("(i) first identify and consider concerns regarding ISDS; (ii) secondly
consider whether reform was desirable in light of any identified concerns; and (iii) thirdly
if the Working Group were to conclude that reform was desirable, develop any relevant
solutions to be recommended to the Commission"). A list of commonly expressed
concerns is laid down in the UNCITRAL Secretariat note which will be the basis for the
discussions.
[Arts. 4.1(a) and 4(3)]
It is therefore to be expected that discussions will
concentrate on the first step of identification of concerns. It may be the case that
discussions on whether reform is desirable can also take place.
[Arts. 4.1(a) and 4(3)]
The outcome of this meeting will frame the discussions for the meeting in April 2018,
where more substantive discussions will foreseeably take place before reporting back to
the UNCITRAL Commission in July 2018.
[Arts. 4.1(a) and 4(3)]
[Arts. 4.1(a) and 4(3)]
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111