Transnational Arbitration

ITA Roundtable at UNCITRAL Working Group III

States’ Right to Regulate and the ISDS Reform

Vienna, Austria

Past Event

Hosted by KNOETZL
Herrengasse 1, A-1010
Vienna, Austria

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Registrar: +1.972.244.3403
ITA: +1.972.244.3414
Fax: +1.972.244.3401


Presented by ITA

Co-Sponsored by KNOETZL

The UNCITRAL Working Group III has identified the regulatory chill as one of the issues requiring further work. The concerns identified with the regulatory chill involved, among others, States’ reluctance to implement measures in the public interest, related to fundamental rights, including the right to life and to a clean environment. Nonetheless, it was also put forward that there is, indeed, a need to balance the States’ right to regulate in the public interest and the protection of foreign investments.

The rountable discussion will address the draft provision 12 on the Right to Regulate, as  proposed in the UNCITRAL paper A/CN.9/WG.III/WP.231, to be discussed at the 46th session of the UNCITRAL Working Group III, in Vienna. Among others, the draft provision 12 comes to clarify that measures adopted by States for the protection of public health, public safety, the environment (including compliance with the Paris Agreement or any principle or commitment contained in articles 3 and 4 of the United Nations Framework Convention on Climate Change), and cultural diversity are excluded from the scope of ISDS.

The roundtable discussion will feature experts in the field, representing diverse views, including those of the States and of the foreign investors.

The event is free of charge, but registration is required as seats are limited.

Schedule and Faculty

18:00 - Welcome

  • David Nikolaus Probst, Legal Officer, Office of Legal Affairs, UNCITRAL Secretariat
  • Jurgita Petkute, Partner, KNOETZL

18:10 - Roundtable Discussion

ModeratorProf Dr. Crina Baltag, Stockholm University


  • Tom Sikora, Senior Counsel Exxon Mobil Corporation, and Chair of the Institute for Transnational Arbitration
  • Florian Haugeneder, Partner, KNOETZL
  • Lauren Mandell, Special Counsel, Wilmer Hale, and the United States Council for International Business
  • Prof Margie-Lys Jaime, University of Panama, and representing Panama in the UNCITRAL Working Group III
  • Mariana Pinto Schmidt, Legal Advisor to the Investment, Services and Digital Economy Division, Chile and representing Chile in the UNCITRAL Working Group III

19:05 - Closing Remarks

  • Prof Dr Chiara Giorgetti, Richmond Law School, American University Law School (visiting)

19:10 - Adjourn

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