Reflecting on a Year Online: Lessons from a survey of international investment negotiators

This report analyzes the transition of international investment negotiations to virtual formats during the COVID-19 pandemic, focusing on the UNCITRAL Working Group III on ISDS reform and the WTO Joint Statement Initiative (JSI) on investment facilitation. Based on a survey of government officials, the document examines how virtual settings affect participation, preparation, communication, and the overall efficacy of negotiations, highlighting a tension between increased accessibility and the loss of critical informal interactions.

• Virtual negotiations significantly lower barriers to entry by reducing costs and logistical burdens, leading to higher registration and participation numbers. For example, the first online session of UNCITRAL Working Group III saw 134 states and 406 state officials register, which was the highest number recorded up to that point.
• The absence of informal 'margins'—such as coffee breaks and shared meals—severely hinders the ability of negotiators to build rapport, identify like-minded allies, and reach compromises. Many respondents noted that these informal interactions are where the actual work of persuasion and 'reading the room' occurs, and that such cooperation is much harder to initiate virtually.
• Negotiators attending virtual sessions often struggle to focus exclusively on the proceedings because they are expected to maintain their day-to-day office duties simultaneously. Approximately 47% of survey respondents reported being less focused during virtual negotiations than in person.
• Virtual formats have increased the participation of officials based in national capitals and junior officials, who may have previously been unable to travel. This shift is particularly evident in the JSI process, where capital-based officials took the floor more frequently.
• While the basic roles of secretariats remained largely stable, some respondents perceived the WTO Secretariat as playing a more active role in virtual negotiations due to the increased complexity of organizing and directing discussions online.
• Negotiators generally prefer a hybrid model for the future, suggesting that technical, preparatory, and information-sharing phases work well online, while advanced stages involving the resolution of controversial issues and the finalization of texts require in-person interaction.
• Technical and scheduling barriers, specifically time zone differences and unreliable internet connectivity, act as new hurdles that can sideline less active participants or those from countries with poorer infrastructure.
• To improve virtual negotiations, the report recommends that governments treat attending officials as if they were at an in-person meeting (minimizing distractions) and that secretariats facilitate informal contact by sharing contact lists and creating virtual 'unofficial' meeting spaces.

APA

Williams, Z., & John, T. S. (2021). Reflecting on a Year Online: Lessons from a survey of international investment negotiators. International Institute for Sustainable Development. https://www.iisd.org/system/files/2021-07/year-online-international-investment-negotiators.pdf

Chicago

Williams, Zoe, and Taylor St John. Reflecting on a Year Online: Lessons from a survey of international investment negotiators. International Institute for Sustainable Development, 2021. https://www.iisd.org/system/files/2021-07/year-online-international-investment-negotiators.pdf.

Wikipedia

{{cite report |last1=Williams |first1=Zoe |last2=John |first2=Taylor St |title=Reflecting on a Year Online: Lessons from a survey of international investment negotiators |publisher=International Institute for Sustainable Development |date=June 2021 |url=https://www.iisd.org/system/files/2021-07/year-online-international-investment-negotiators.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{williams2021reflecting, author = {Williams, Zoe and John, Taylor St}, title = {{Reflecting on a Year Online: Lessons from a survey of international investment negotiators}}, institution = {International Institute for Sustainable Development}, year = {2021}, month = jun, url = {https://www.iisd.org/system/files/2021-07/year-online-international-investment-negotiators.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }