Discussion Papers - Ciarb at Uncitral Working Group III: Efficiency, Decisions, and Decision-Makers

Abstract

These Discussion Papers are published to coincide with the commencement of UNCITRAL Working Group III's Phase III examination of potential reforms to the Investor-State Dispute Settlement (ISDS) system. In Phase I, the states identified numerous areas of concern in the ISDS system. In Phase II a consensus was reached that reforms to the ISDS system are desirable. WG III's mandate in Phase III is to develop relevant solutions to the areas of concern identified in Phase I. The issues identified fall under three main themes: efficiency, decisions, and decision makers. Efficiency encompasses concerns surrounding the cost and duration of disputes in ISDS. Decisions refers to the consistency, accuracy, predictability, and validity of the awards rendered in ISDS. Decision makers refers to the arbitrators themselves; who they are and how they are appointed. The purpose of these discussion papers is to present a basic overview of the issues under discussion in each thematic area and to show the varying and often opposing views that delegates must consider. These papers are designed to inform rather than persuade and to provide a starting point for meaningful conversations on ISDS reform among CIArb stakeholders.