Jurisdiction(s):
United Kingdom

UNCITRAL WG III ISDS Reform: Standing Mechanism Selection Committee, Appointments and Term of Office; Appeals Tribunal; and Debates: TPF, Counterclaims and Damages — Outcomes from September 2024 and January 2025

Published on: 27 May 2025

Published by a LexisNexis Arbitration expert

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Table of contents

Standing Mechanism for the resolution of international investment disputes
Draft procedural and cross-cutting issues provisions
September 2024 discussions: controversial provisions
January 2025 discussions: less controversial provisions

Article summary

Standing Mechanism for the resolution of international investment disputes

In September 2024, WG III examined how tribunal members should be selected and appointed. The discussions were intense and highly detailed, with political ramifications. Briefly, the outcome was:

Qualifications and requirements: priority on professional expertise and high competence; experience across roles and functions (such as arbitrator, judge, mediator or counsel) to be assessed holistically to ensure diversity in Tribunal composition; experience managing international disputes was noted; experience working with governments, including through the judiciary or the foreign or civil service. Candidates and members would be subject to the Code of conduct for judges in international investment dispute resolution, requiring independence and impartiality...

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