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Evaluating (In)Consistency In Investor-State Arbitration: A Roadmap

Clinic: Queens University and UOttawa, Spring 2018

Beneficiary: Global Affairs Canada

Students making a presentation on the project (above).

Summary

Read the full report here.


The uOttawa students of the uOttawa-Queen's Joint Clinic carried out two projects for Global Affairs Canada related to the UNCITRAL Working Group III on Investor-State Dispute Settlement Reform.


Background:


The United Nations Commission on International Trade Law (UNCITRAL) gave its Working Group III the responsibility to work on the reform of investor-state dispute settlement (ISDS). The mandate of the working group is to identify the growing concerns surrounding ISDS, to determine whether reforming the ISDS system is advisable, and if so, to make recommendations to the UNCITRAL Commission.


Both projects undertaken by the uOttawa-Queen's Joint Clinic are focused on the threshold question under discussion in UNCITRAL Working Group III: whether investor-state awards have been inconsistent, and whether the ISDS system is inconsistent and incoherent, as alleged by critics.


Focus of the Projects:


Project 1: Evaluating (In) Consistency in Investor-State Arbitration: A Roadmap - The project provides a roadmap for examination of whether there is inconsistency of investor-state awards and if so, why?