High costs, complex procedures, and limited resources can prevent small and medium-sized enterprises (SMEs) from accessing effective dispute settlement mechanisms, leaving them at a disadvantage compared to larger investors. 

While larger corporations may have the legal and financial muscle to pursue claims, SMEs frequently lack access to affordable legal advice, risk mitigation tools or information about their rights. Recent discussions in the UNCITRAL Working Group III along with regional treaty reform efforts such as CETA have highlighted the need to adapt dispute settlement mechanisms to better reflect the realities faced by SMEs. Proposed reforms include the creation of advisory centres, streamlined procedures such as appointing a sole arbitrator, adopting shorter timelines, and implementing enhanced transparency in both procedural rules and third-party funding.    

This panel will delve into how investment dispute settlement systems can evolve to provide meaningful access for SMEs. Bringing together experts from arbitral institutions and the private sector, this session will examine current barriers that inhibit SME participation. The panel will also evaluate the practical viability of proposed reforms. This discussion will also assess the potential roles of both host and home States in supporting SME claimants. A forward-looking dialogue may also identify both short-term improvements and long-term structural shifts that could broaden access to justice in investment arbitration. 

Register here.