On 18 November 2021, a working meeting of the ILA Committee on Rule of Law and International Investment Law was held as a hybrid meeting at the Juridicum in Vienna. Prof. August Reinisch chaired the working meeting together with Prof. Andreas Ziegler. The main purpose of the working meeting was the presentation and discussion of procedural issues of investment arbitration and their relationship to rule of law. Procedural issues presented were: Transparency (by Arnaud de Nanteuil), Provisional Measures by (Ndanga Kamau), Institutional guarantees of due process in arbitration (by Giuditta Cordero-Moss), Ethics of counsel (by Jonathan Brosseau), Standard and Burden of Proof (by Marcin Menkes) and Counterclaims (by Christian Riffel).Procedural issues of investment arbitration and the rule of law is the second main part of the mandate of the ILA Committee.
The first part of the mandate focusses on substantive aspects of investment law and the rule of law. In that respect the committee members also continued their discussion of the draft interim report on ‘Relevant practices and recommendations concerning the rule of law and international investment law’, which will be presented at the upcoming biennial ILA meeting in June 2022.