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ARTICLE · 02 MAY 2023

Uncitral Working Group III Reaches Notable Milestones In Recent New York Meeting

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UNCITRAL is a body composed of several working groups tasked with preparing work on topics within the Commission's mandate, including in the area of dispute resolution.

GlobalLitigation, Mediation & Arbitration
Christina G. Hioureas
Christina G. Hioureas
Diana Tsutieva
Diana Tsutieva
Sudhanshu Roy
Sudhanshu Roy
Diem Huong Ho
Diem Huong Ho
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Key Takeaways:

  • United Nations Commission on International Trade Law ("UNCITRAL" or "Commission") Working Group III finalized provisions on the use of mediation in ISDS. These provisions would be available for States to use in their bilateral and multilateral investment treaties, domestic legislation governing the use of mediation, and investment contracts, to encourage parties to engage in mediation.
  • The Working Group also finalized two separate codes of conduct for adjudicators in ISDS. One will be for use by arbitrators in ISDS and the other for judges in a potential standing mechanism for ISDS that is currently under consideration by the Working Group.
  • These texts will be presented to UNCITRAL for approval at its annual meeting in Vienna in July 2023.

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