CNUDMI - Previous deliberations on the draft provisions on procedural and cross-cutting issues

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Previous deliberations on the draft provisions on procedural and cross-cutting issues

1. At its forty -ninth session in September 2024, fiftieth session in January 2025 and fifty -first session (second part) in April 2025, the Working Group considered the draft provisions on procedural and cross -cutting issues (referred to as “DPs”) in A/CN.9/WG.III/WP.244 and annotations thereto in A/CN.9/WG.III/WP.245 . At its forty -ninth session, the Working Group agreed that additional DPs on non -disputing Treaty Party submissions and joint interpretation would be developed

(A/CN.9/1196/Add.1 , para. 67), which were presented at the fiftieth session as DP 21 and 22 in A/CN.9/WG.III/WP.248 .

2. At its forty -ninth session in September 2024, the Working Group considered DPs 10, 12 (paragraphs 6 and 8), 13 and 20. 1 At its fiftieth session in January 2025, the Working Group considered DP s 1–4.2 At the fifty -first session in April 2025, the Working Group considered DP s 14–19.3

3. At the first part of the fiftieth session in January 2025, delegations were invited to submit written comments on DP s 5–9, 11, 12 (paragraphs 1 to 5 and 7), 21 and 22. 4

At that session, it was agreed that the Chair, the Rapporteur and the secretariat would prepare a revised version of those provisions based on the comments received. 5

4. At the second part of the fifty -first session in April 2025 , the Working Group also agreed to reflect on the appropriate form of the DPs and the means of their implementation, including how they should interact with underlying investment agreements. 6

4. At the second part of the fifty -first session in April 2025 , the Working Group also agreed to reflect on the appropriate form of the DPs and the means of their implementation, including how they should interact with underlying investment agreements. 6

5. For the fifty -second session in September 2025, the DPs were revised and presented in A/CN.9/WG.III/WP.253 along with annotations in document A/CN.9/WG.III/WP.254 . For ease of reference, the original numbering of the DPs was retained. During that session, the Working Group considered DPs 5 –8. 7

Following the meeting, the revised text of draft provisions 5 to 8 reflecting the deliberations were pre pared in document A/CN.9/WG.III/WP.262 .

6. At the ninth intersessional meeting of Working G roup in Santiago in November 2025 , DPs 12, 18, 19 and 20 were considered based on d ocument A/CN.9/WG.III/WP.253 .8 Following the meeting , the Chair, the Rapporteur and the secretariat prepare d the revis ed text of DPs 12, 18, 19 and 20 based on the discussions to facilitate the Working Group ’s consideration . The revised text is contained in document A/CN.9/WG.III/WP.262 .

__________________ 1 A/CN.9/1194 , paras. 57 –104. 2 A/CN.9/1195 , paras. 23–69. 3 A/CN.9/1196/Add.1 , paras. 67 –109. 4 See comments from delegations available at https://uncitral.un.org/en/working_groups/3/investorstate . See also the compilation of comments on A/CN.9/WG.III/WP.244 available at

4 See comments from delegations available at https://uncitral.un.org/en/working_groups/3/investorstate . See also the compilation of comments on A/CN.9/WG.III/WP.244 available at https://uncitral.un.org/sites/uncitral.un.org/files/media -documents/uncitral/en/compilation_244__1_april.pdf and the compilation of comments on A/CN.9/WG.III/WP.248 available at https://uncitral.un.org/sites/uncitral.un.org/files/mediadocuments/uncitral/en/compilation_of_comments_on_wp.248.pdf . 5 A/CN.9/1195 , para. 125 and A/CN.9/1196/Add.1 , para. 108. 6 A/CN.9/1196/Add.1 , para. 109 . 7 A/CN.9/1238 , paras. 15–81. 8 More information about the meeting is available at https://uncitral.un.org/en/content/ninth -intersessional -meeting .2/2

Summary table DP Most recent discussions Latest draft 1 50th session in January 2025 A/CN.9/WG.III/WP.253 2 50th session in January 2025 A/CN.9/WG.III/WP.253 3 50th session in January 2025 A/CN.9/WG.III/WP.253 4 50th session in January 2025 A/CN.9/WG.III/WP.253 5 52nd session in September 2025 A/CN.9/WG.III/WP.262 6 52nd session in September 2025 A/CN.9/WG.III/WP.262 7 52nd session in September 2025 A/CN.9/WG.III/WP.262

5 52nd session in September 2025 A/CN.9/WG.III/WP.262 6 52nd session in September 2025 A/CN.9/WG.III/WP.262 7 52nd session in September 2025 A/CN.9/WG.III/WP.262 8 52nd session in September 2025 A/CN.9/WG.III/WP.262 9 Revised based on written comments A/CN.9/WG.III/WP.253 10 49th session in September 2024 A/CN.9/WG.III/WP.253 11 Revised based on written comments A/CN.9/WG.III/WP.253 12 49th session in September 2024/Chile intersessional in November 2025 A/CN.9/WG.III/WP.262 13 49th session in September 2024 A/CN.9/WG.III/WP.253 14 51st session in April 2025 A/CN.9/WG.III/WP.253 15 51st session in April 2025 A/CN.9/WG.III/WP.253 16 51st session in April 2025 A/CN.9/WG.III/WP.253 17 51st session in April 2025 A/CN.9/WG.III/WP.253 18 51st session in April 2025/Chile intersessional in November 2025 A/CN.9/WG.III/WP.262 19 51st session in April 2025/Chile intersessional in November 2025 A/CN.9/WG.III/WP.262 20 49th session in September 2024/Chile intersessional in November 2025 A/CN.9/WG.III/WP.262 21 Revised based on written comments A/CN.9/WG.III/WP.253 22 Revised based on written comments A/CN.9/WG.III/WP.253

2025 A/CN.9/WG.III/WP.262 21 Revised based on written comments A/CN.9/WG.III/WP.253 22 Revised based on written comments A/CN.9/WG.III/WP.253

− Chapter III of document A/CN.9/WG.III/WP.253 addressed further issues for consideration , including the form of the DPs and the means of their implementation . − The draft guidelines on the calculation of damages and compensation in investorState dispute settlement are available in document A/CN.9/WG.III/WP.255 .