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EU Commission publishes draft decision of CETA Joint Committee to ensure access of natural persons and SMEs to investor-state dispute settlement
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UNCITRAL WG III finalizes draft statute of Advisory Center on international investment dispute resolution
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UNCITRAL WG III to discuss draft statutes of Advisory Center and Standing Mechanism for the resolution of international investment disputes
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Latest session of UNCITRAL Working Group III results in new drafts on advisory centre and means of preventing and mitigating investment disputes; delegates also debated draft provision on damages in ISDS
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ICSID publishes summary of first year of practice under its 2022 Rules and Regulations
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UNCITRAL Secretariat publishes updated Draft Provisions on procedural and cross-cutting issues for consideration by Working Group III; Draft Provisions include denial of benefits for abuse of process, rules on transparency and third-party funding, and limitations to the total damages that may be awarded
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UNCITRAL Working Group III to consider updated Draft Provisions on Advisory Centre on International Investment Law
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Planned vote on modernised ECT is postponed, as EU member states and institutions discuss way forward
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[Updated] UNCITRAL Working Group III adopts final versions of Codes of Conduct; ban on double-hatting is maintained, and cooling-off periods are clarified
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Analysis: EU-Chile Agreement implements Investment Court System, clarifies FET and FPS, and provides for mechanisms aimed at expediting proceedings
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EU and Chile agree on Advanced Framework Agreement, including provisions on standing investment court
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ICSID and UNCITRAL publish fifth version of joint Code of Conduct; draft proposes separate codes for judges and ad hoc arbitrators, and adds a standalone provision for arbitrator assistants
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UNCITRAL Secretariat publishes new note on investor-state appellate mechanism
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Dutch government announces intention to withdraw from Energy Charter Treaty
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European Commission proposes Subsequent Agreement on interpretation of the Energy Charter Treaty, reiterating that intra-EU arbitration is incompatible with the EU Treaties
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European Parliament recommends proactive changes to litigation funding regulation, as other jurisdictions adopt divergent approaches
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ICSID and UNCITRAL release fourth version of draft code of conduct for international investment adjudicators
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New ICSID Rules and Regulations will come into effect on July 1, 2022, as member states approve proposed amendments
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Germany’s Constitutional Court upholds provisional application of CETA
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[Updated] European Commission recommends voting in favour of ICSID’s proposed Amended Rules
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ICSID puts proposed Amended Rules to a vote
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UNCITRAL Secretariat publishes initial draft on appellate mechanism, discussing scope of review, articulation with pre-existing remedies, and options for implementation
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ICSID releases sixth – and last – Working Paper, setting the stage for application of new Rules by mid-2022
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ICSID and UNCITRAL release third version of their Code of Conduct for Adjudicators, offering several options for regulation of double-hatting and other issues
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UNCITRAL Working Group III publishes draft on standing multilateral dispute mechanism
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Stakeholders submit comments on latest version of ICSID and UNCITRAL Draft Code of Conduct for Adjudicators; states and observers remain divided as to provisions on double-hatting
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ICSID publishes fifth working paper, proposing new provisions on ownership and control, third-party funding and costs; Secretariat invites state parties to proceed to a final vote
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UNCITRAL Secretariat releases notes on third-party funding and implementation of Code of Conduct
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UNCITRAL and ICSID release new version of Draft Code of Conduct for Adjudicators
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UNCITRAL Working Group III to consider whether it can wrap up ISDS reform by 2025
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UNCITRAL Working Papers on appeal mechanism and selection and appointment of ISDS adjudicators reveal rift between parties as to desirability of standing investor-state dispute settlement body
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ICSID and UNCITRAL release first draft of much-anticipated code of conduct for ISDS adjudicators, proposing rules on double-hatting, disclosure and other ethical questions
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UNCITRAL Working Group postpones meeting due to concerns over Coronavirus
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ICSID releases fourth (and potentially last) Working Paper, with changes regarding disclosure of ownership and control, costs allocation, and transparency
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ICSID releases a third version of working paper on proposed changes to arbitration rules, addressing transparency, security for costs, third-party funding, timelines and other issues
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In-depth: UNCITRAL decision on path ahead came after negotiated compromise, but some developing states grumbled about informal consultations that broke deadlock
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At UNCITRAL Working Group Sessions, prominent arbitrator Charles Brower cautions against “revolution” of investor-state arbitration system
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At latest UN session on ISDS reform, governments agree on a multi-track reform process and call for more resources so that UNCITRAL’s reform efforts can be accelerated
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As UNCITRAL investor-state arbitration reform enters crucial phase, we preview agenda for upcoming meeting
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ICSID unveils more tweaks to proposed new rules following recent consultations, including to arbitrator DQ process, provisional measures, security for costs, 3rd party funding and transparency
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At latest UN meeting, Governments agree on the desirability of investor-state dispute settlement reform
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A first look at ICSID’s proposed rules changes, including in relation to provisional measures, third-party funding, security for costs, and arbitrator disqualification
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ANALYSIS: What did governments agree (and disagree) on at recent UNCITRAL meetings on investor-state dispute settlement reform?
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UNCITRAL meetings on ISDS reform get off to bumpy start, as delegations can’t come to consensus on who should chair sensitive process – entailing a rare vote
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