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ARTICLE · 13 AUGUST 2025

Emphasizing The Value Of Prevention: UNCITRAL's New Toolkit For Preventing Investor-State Disputes

McCarthy Tétrault
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Stakeholders in investor-State dispute Settlement (ISDS) now have additional guidance from the United Nations Commission on International Trade Law (UNCITRAL) on avoiding disputes.

CanadaLitigation, Mediation & Arbitration
The International Arbitration Blog
The International Arbitration Blog
Andrew Kalamut
Andrew Kalamut
Vasuda Sinha
Vasuda Sinha
Ljiljana Stanic
Ljiljana Stanic
Agatha Wong
Agatha Wong
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Stakeholders in investor-State dispute Settlement (ISDS) now have additional guidance from the United Nations Commission on International Trade Law (UNCITRAL) on avoiding disputes. Building on the efforts of Working Group III, UNCITRAL has developed a "Toolkit on Prevention and Mitigation of International Investment Disputes," to be made available on the UNCITRAL ISDS website.

While the Toolkit is primarily designed to assist States reduce their exposure to full-blown (and costly) investor-State disputes, its insights are equally relevant to foreign investors seeking to assess local risks involved with a potential investment and identify practical strategies for mitigating them before making an investment.

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