About the Seminar
This UNCITRAL Days seminar is an academic event dedicated to the role of the United Nations Commission on International Trade Law in the progressive harmonization and modernization of international trade law. The seminar aims to raise awareness of UNCITRAL legal instruments and their practical relevance for academics, students, policymakers and practitioners engaged in international economic law.
UNCITRAL Days events are academic gatherings organized by universities and institutions to discuss developments in UNCITRAL’s areas of work and to promote understanding of legal harmonization in international trade law.
The seminar will combine a general institutional session on UNCITRAL’s mandate and legal texts with a specialized session focused on the reform of Investor-State Dispute Settlement (ISDS), reflecting UNCITRAL’s ongoing work, particularly in Working Group III.
Concept and Academic Relevance
International trade law traditionally operates within the sphere of private law, regulating cross-border commercial transactions, arbitration, insolvency, and electronic commerce. However, Investor-State Dispute Settlement represents a hybrid legal regime situated between private and public law, involving disputes between private investors and sovereign States.
This seminar explores that evolution — from harmonized private trade law frameworks to the reform of ISDS as a mechanism combining elements of international arbitration, public international law and global economic governance.
UNCITRAL Days in Warsaw
Programme
Opening Remarks (about 5-10 min.)
PART I. - Duration: about 1 hour (general)
1. UNCITRAL: Mandate, areas of work and UNCITRAL texts
Key themes:
Establishment by UNGA Resolution 2205 (XXI) (1966)
UNCITRAL’s mandate
Difference between UNCITRAL and WTO (public vs. private international trade law)
Areas of work
Membership
Consensus-based law-making in a diverse geopolitical environment
2. UNCITRAL in discharging its mandate: Organization of work and inclusiveness
Key themes:
Role of the Commission and Working Groups
Role of the Secretariat
Participation of Member States, observer States, IGOs and NGOs
Engagement of developed, developing and least developed countries
Representation of the world’s various geographic regions and its principal economic and legal systems
Expert-driven negotiations
Constructive technical dialogue among delegations
3. UNCITRAL’s flagship texts in the area of international commercial arbitration and their global impact
Key themes:
The New York Convention as the cornerstone of the enforcement of arbitral awards
The UNCITRAL Model Law on International Commercial Arbitration
UNCITRAL Arbitration Rules
PART II. - Duration: about 1 hour (specialized)
Investor-State Dispute Settlement (ISDS)
4. UNCITRAL Working Group III and the ISDS Reform
Key themes:
Identified concerns: consistency, high costs, duration, legitimacy of the ISDS proceedings
Role of States and observers in consensus-driven reform
5. Reform elements developed by Working Group III to address the concerns
Key themes:
Code of Conduct for Arbitrators and Judges (2023)
Advisory Centre on International Investment Dispute Resolution (2024)
Mediation and alternative dispute resolution in investment disputes
Possible future institutional mechanisms (standing bodies / appellate structures)
Procedural Rules reform
State’s right to regulate and the policy space
Multilateral instrument to implement the various reform elements
PART III. - Duration: about 20 min.
6. Concluding Roundtable and Q&A
All speakers are invited to provide brief final remarks on:
I warmly invite policymakers, academics, legal practitioners, business leaders, and students to join us for this important discussion.
Łukasz Dawid Dąbrowski
Assistant Professor, Institute of World Economy
SGH Warsaw School of Economics
Attorny-at-law
Biogram SGH -Link
ORCID:Link