Pages 2 to 6 of this document have been redacted pursuant to Article 4.1(a) and (b)
and 4(3)of Regulation 1049/2001.
Ref. Ares(2018)4648978 - 11/09/2018
Ref. Ares(2018)6087220 - 28/11/2018
EUROPEAN COMMISSION
Directorate-General for Trade
Directorate F - WTO, Legal Affairs and Trade in Goods
Dispute Settlement and Legal Aspects of Trade Policy
Brussels, 6 September 2018
F.2
(2018) 4625762
[Art. 4.1(b)]
MEETING REPORT
Subject:
Second meeting of UNCITRAL Working Group III on ISDS reform
The second meeting of the United Nations Commission on International Trade Law
(UNCITRAL) Working Group III, tasked with the mandate to examine a possible reform
of the current Investor-State Dispute Settlement (ISDS) and eventually to create a
multilateral investment court took place on 23 to 27 April 2018 in New York. More than
60 delegations (plus 28 Member States) and around 50 observer organisations
participated in the meeting.
In broad terms, there was substantial agreement that there are significant concerns with
only a few countries minimising these concerns or calling for additional evidence and
reflection. Compared to the previous meeting of the WG, this session saw significantly
more assertive and focussed statements and positions as well as the presence of more
senior officials leading a number of delegations.
[Art. 4.1(a) and 4(3)]
Substantive discussions
Discussions on step 1 of the mandate (identification of concerns on ISDS, to be followed
by step 2 on consideration of whether reform is desirable and step 3 on the design of
possible solutions) continued where they had been left at the end of the previous meeting
of the Working Group and were substantively completed. More specifically, issues
discussed related to the finality of ISDS awards and review mechanisms and to questions
surrounding arbitrators, including their appointment and ethical requirements and various
concerns derived from the lack of guarantees of independence and impartiality. Aspects
connected to third-party funding were also discussed.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111