UNCITRAL

United Nations Commission on International Trade Law

2025 in review: ISDS reforms in review
2025 advanced the Working Group's investor-State dispute settlement (“ISDS”) reform agenda mainly by reviewing draft provisions.
OIC nations' need for fairer investor-state dispute reforms
UN prepares for key ISDS reforms, OIC countries strive for balance between investor protection and sovereignty.
Reassessing consent in counterclaims: rebalancing investment protection and public interest under the UNCITRAL ISDS reform
One of the most notable proposals identifies an investor’s initiation of arbitration as implied consent to a tribunal’s jurisdiction over counterclaims.
Time and compromise in UNCITRAL’s Working Group III
During the week of 22 September 2025, States once again met in Vienna under Working Group III of the United Nations Commission on International Trade Law (UNCITRAL) to deliberate reforms to investor–State dispute settlement.
Discussions on draft provisions on damages in the investor-state dispute settlement system in UNCITRAL Working Group III
This paper summarizes the discussions within the United Nations Commission on International Trade Law Working Group III on the reform of investor-state dispute settlement regarding the two draft provisions on damages.
How a documentary film can help UNCITRAL Working Group III think through ISDS reform
A documentary film offers a powerful illustration of the ways in which ISDS can impact third parties, exacerbate inequalities, and reinforce power imbalances.
UNCITRAL adopts a new code of conduct for arbitrators in international investment dispute resolution
Although a universal and uniform framework regulating arbitrators’ conduct is useful, its impact may be limited due to limited implementation prospects and the absence of punitive measures.
ISDS regime could choke climate action in emerging economies, experts say
The investor-state dispute settlement (ISDS) system could be putting climate action at risk in emerging and developing economies as investors in fossil fuel projects angle for compensation, experts say.
International Chamber of Commerce former arbitrator says ISDS has “lost battle of public opinion” and “legitimacy”
To maintain the system, he proposes that business should shift away from ISDS in state-to state trade and investment agreements, and instead move to ISDS in contracts between individual investors and states.
UNCITRAL and ISDS reform: Lifelong learning
Our frequent inability to answer even basic questions about the full universe is a salutary reminder that we know less than is ideal about investor-state dispute settlement (ISDS).