Transparency in investor-state arbitration: the way forward
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The push for transparency in investor-State arbitration is gaining momentum. In July 2013 the United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration. (1) In December 2014 the General Assembly adopted the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (Mauritius Convention on Transparency), (2) providing a streamlined mechanism for States to adopt the Rules on Transparency. These developments are part of a welcomed trend towards transparency in investor-State page "49" arbitration. (3) This article explains why transparency of investor-State arbitration is so important, why the Rules on Transparency should be widely adopted, and how the Mauritius Convention on Transparency can make that happen.
Reprinted from International Arbitration Journal, Volume 11, Issue 1, 2015, pp. 49-67, with permission of Kluwer Law International.
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