ITA Roundtable at UNCITRAL Working Group III

Presented by ITA

Co-Sponsored by KNOETZL

The UNCITRAL Working Group III continues the consultations on the Draft provisions on procedural and cross-cutting issues, now updated as UNCITRAL paper A/CN.9/WG.III/WP.244. The Paper addresses critical concerns with investor-State dispute settlement proceedings.

The focus of the roundtable discussion is on Draft Provision 17 of the UNCITRAL paper A/CN.9/WG.III/WP.244 which addresses the ‘denial of benefits’ clause, allowing States to deny the protection offered to investors or investments that they did not intend to protect. While paragraph 1 of the Draft Provision is based on similar provisions in recent investment treaties, paragraph 2 generously extends the scope of the ‘denial of benefits’ clause to cover situations of third-party funding, unlawful investments, and investments resulting from, or involving, corruption and other illegal actions.

The focus of the roundtable discussion is Draft Provision 17, acknowledging, thus, not only the critical importance of the ‘denial of benefits’ clause, but also the necessity to thoroughly address its application, in particular in the context of the proposed paragraph 2.

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.