On November 16, 2020, the team heading up the OHADAC project attended a meeting (in its capacity as an observer) of the UNCITRAL Working Group III on reforming the regulations for resolving disputes between investors and States.

The theme of the session was devoted to the funding of a Multilateral Advisory Centre on international investment law, the aim of which would be to provide support to States, given the significant cost to them represented by the mechanism for settling investment disputes in its current form.

The Centre would be responsible for providing legal advice on investment law prior to a dispute arising, as well as to play an advisory role in the event of a dispute. It should mainly benefit developing, and the least developed, countries.

Discussions were based on the memo drafted by the Secretariat on this theme, which is available at: https://undocs.org/fr/A/CN.9/WG.III/WP.168

The Centre would have the following missions:

1. to help organise the defence of States following the initiation of investment arbitration proceedings against them;
2. to offer assistance during the dispute settlement proceedings on aspects relating to the internal organisation of the State relevant in the context of implementing the investment arbitration proceedings;
3. to perform a consultancy mission, in particular regarding the possible renegotiation of instruments protecting foreign investment in force in a given State;
4. to provide services on alternative dispute resolution methods, especially mediation.

The budget linked to setting up this type of Centre was mentioned, together with the issues raised by the initiative, relating in particular to the exact identification of the kinds of services that the institution would provide; the precise identification of the beneficiaries of the institution; the motivations of the financing States, especially in situations where the funding would make it possible to assist the beneficiary State during proceedings initiated by one of their national investors companies; and managing conflicts of interest.

The webinar was also an opportunity for a representative of the Advisory Centre on WTO Law to speak.