Transparency in International Investment Arbitration: A Guide to the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration

The UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration is a significant development in international law. This commentary provides an in-depth analysis of the rules' application and offers guidance on how to apply them in investment arbitration disputes. It is of interest to practitioners, counsels, NGOs, and scholars in international law, commercial arbitration, and investor-state arbitration.

Format: Paperback / softback
Length: 411 pages
Publication date: 16 August 2018
Publisher: Cambridge University Press

The topic of transparency in international investment arbitration is garnering increasing attention, and this in-depth commentary delves into the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, one of the most recent and innovative developments in international law. The contributors analyze the issue of transparency in investment law more broadly and provide comprehensive guidance on how to apply the UNCITRAL transparency rules. The chapters cover all treaty-based disputes between investors and states, examining the perspectives of disputing parties, third parties, non-disputing state parties, and arbitral tribunals. Each contributor has a strong background in investment arbitration, both in professional practice and academia. This commentary is of interest to all actors involved in investment arbitrations, particularly practitioners, counsels, NGOs, and scholars in the fields of international law, commercial arbitration, and investor-state arbitration.

Introduction:
The increasing importance of transparency in international investment arbitration is a topic of growing interest. The UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, one of the most recent and innovative developments in international law, aim to enhance the transparency and predictability of investment arbitration proceedings. This commentary provides an in-depth analysis of these rules and their application, with a focus on the perspectives of disputing parties, third parties, non-disputing state parties, and arbitral tribunals.

UNCITRAL Transparency Rules:
The UNCITRAL Transparency Rules are a set of guidelines and principles designed to promote transparency in treaty-based investor-state arbitration. They encompass various aspects, including the appointment of arbitrators, the conduct of proceedings, the publication of awards, and the availability of information to the public. The rules are intended to ensure that investment arbitration proceedings are conducted in a fair, impartial, and efficient manner, while also promoting trust and confidence in the investment arbitration system.

Disputing Parties' Perspective:
The UNCITRAL Transparency Rules have significant implications for disputing parties in investment arbitration proceedings. The rules require disputing parties to disclose certain information to the other party and the arbitral tribunal, such as the identity of the parties, the nature of the dispute, and the evidence they intend to present. This disclosure promotes transparency and allows the other party to prepare adequately for the proceedings. It also helps to prevent the abuse of the arbitration process and ensures that the arbitral tribunal has all the necessary information to make a fair and impartial decision.

Third Parties' Perspective:
The UNCITRAL Transparency Rules also have implications for third parties, such as states, international organizations, and non-governmental organizations. The rules require third parties to be informed of the proceedings and to have the opportunity to participate in the arbitration process. This participation promotes transparency and allows third parties to express their views and concerns about the dispute. It also helps to ensure that the arbitral tribunal considers the interests of all parties involved in the dispute.

Non-Disputing State Parties' Perspective:
The UNCITRAL Transparency Rules also have implications for non-disputing state parties, such as host states and states that have signed treaties with investors. The rules require non-disputing state parties to cooperate with the arbitral tribunal and to provide access to information and documents that may be relevant to the proceedings. This cooperation promotes transparency and allows the arbitral tribunal to make a decision that is in the best interests of all parties involved in the dispute.

Arbitral Tribunals' Perspective:
Arbitral tribunals are responsible for implementing the UNCITRAL Transparency Rules and ensuring that they are applied in a fair and consistent manner. The rules require arbitral tribunals to be impartial and independent, and to ensure that the proceedings are conducted in a transparent and efficient manner. Arbitral tribunals must also publish awards and other decisions, and to provide access to information to the public.

Conclusion:
The UNCITRAL Transparency Rules are a significant step forward in promoting transparency in international investment arbitration. They provide a framework for promoting fairness, impartiality, and efficiency in investment arbitration proceedings. By promoting transparency, the rules help to build trust and confidence in the investment arbitration system, which is essential for promoting international investment and economic growth.

Weight: 630g
Dimension: 155 x 228 x 23 (mm)
ISBN-13: 9781108465083