ISDS Project - CIDS Supplemental Report

On 15 November 2017, the CIDS issued a Supplemental Report for the United Nations Commission on International Trade Law (UNCITRAL) in the context of the ongoing discussions on a possible reform of investor-State dispute settlement (ISDS). This report, prepared in the framework of the CIDS project on ISDS Reform, follows a first report entitled "Can the Mauritius Convention Serve as a Model for the Reform of Investor-State Arbitration in Connection with the Introduction of a Permanent Investment Tribunal or an Appeal Mechanism? Analysis and Roadmap".

The Supplemental Report analyzes in more depth the composition of a multilateral investment court (ITI) and of an appeal mechanism (AM) for investor-State awards. It seeks to identify issues that could arise in this respect if States were to consider setting up a permanent or semi-permanent body for the settlement of investment disputes. For that purpose, the study presents a comparative analysis of the composition of existing international adjudicatory bodies and in part also arbitral institutions, and seeks to chart the main options for the composition of a prospective ITI and AM.