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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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UNCITRAL and ISDS Reform (Hybrid): Season 5 – Watching the Grass Grow

Watching UNCITRAL Working Group III over the years has been a bit like viewing a long-running television series. The beginning of the process was exciting as we met…

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UNCITRAL and ISDS Reform (Online): Crossing the Chasm

To text or not to text? That is the question. Or, rather, that was the question at UNCITRAL when Working Group III resumed its deliberations online last week.

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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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