Ms. Rabab Yasseen, Partner Mentha Avocats, Deputy Judge Geneva Civil Courts, Vice Chair of the CRCICA Advisory Committee represented CRCICA at the hybrid UNCITRAL Working Group III 44th Session (Investor-State Dispute Settlement Reform) held on 23-27 January 2023.
The documents submitted to the Working Group included a draft code of conduct and commentary (A/CN.9/WG.III/WP.223); as well as notes by the Secretariat on an Appellate mechanism (A/CN.9/WG.III/WP.224). The Working Group continued its consideration of the two separate codes of conduct for arbitrators and judges as well as the accompanying commentary.
The Working Group engaged in a discussion on issues relating to the implementation of an appellate mechanism, among others, how it would interact with the existing annulment and set aside mechanisms (also referred to as “existing review mechanisms”), advantages and disadvantages of a three-tier system, and different models of implementation.
As a way forward, the Secretariat was requested to continue to develop draft provisions on the functioning of an appellate mechanism, which could be employed regardless of the chosen model for implementation. The next session of WGIII was scheduled to be held in New York from 27 to 31 March 2023.
