…“legal consistency and predictability…would be more pronounced in a pluri or multilateral context” (p. 150). The Report also cites multilateral instruments like the UN Transparency Convention as as offering further…
…of public mistrust towards investor-State arbitration: the alleged restriction of States’ general regulatory power, conflicting awards, lack of transparency and arbitrators’ conflicts of interest. It contains the following series of…
…and regulatory transparency), as well as responses to so-called “treaty shopping” by investors. While convergence on those issues remains in the early stages, the conclusion of the TTIP, TPP, RCEP,…
In the past two years, Canada has signed BITs with nine African states: Benin (January 2013), United Republic of Tanzania (May 2013), Cameroon (March 2014), Nigeria (May 2014), Senegal (November…
…transparency and have inadequate parliamentary scrutiny. The Commission also highlights the “potential size of compensation claims” resulting from claims brought under such clauses (p. 79). In particular, it emphasises the…
…role played by secretaries and there is often little transparency regarding secretaries’ actual involvement. The main point for all involved is that there needs to be clarity as to what…
…commercial arbitration. For example, arbitrators may lack the requisite specialisms for dealing with public international law. There may also be concerns as to the transparency of the proceedings and the…
…inter alia prohibit direct expropriation (Art. 9), ensure national and most-favored-nation treatment (Art. 11), and require regulatory transparency (Art. 13) and the observance of undertakings (Art. 11). On the other…
…nature investment disputes are fact- and case specific and so is their resolution; Criticism 3 deals with the claim of a lack of transparency, but the truth is that the…
…transparency in mediation.2 IMI initiated the GPC as a joint effort by dispute resolution institutions, service providers, users associations, advisors associations and other organisations to enable all stakeholders to participate…
…lacks transparency. In the commercial arbitration setting, the differing results that arbitrators sometimes reach by interpreting the same rules may lead to a lack of predictability. Though it can provide…
…has the advantage of transparency and certainty for the end-user; there is upfront clarity about what the fees would look like for any given arbitration.[2] One potential downside, however, is…
…1 April 2014, and are incorporated into the 2013 UNCITRAL Arbitration Rules by Article 1(4) of those Rules. The Transparency Rules provide for increased transparency in investor-State proceedings conducted under…
…investment treaties to ensure that the scope of substantive investment protection is properly delineated to support norms of transparency, appropriate and clear levels of retained state sovereignty, and good governance…
…Transparency, Integrity and Legitimacy, in Arbitration Advocacy in Changing Times (ICCA Congress Series Vol. 15) 391 (A. van den Berg ed., Kluwer Law International 2010). See also A. Rau, Arbitrators…
…transparency international, amongst others, has been created to advise the Ministry for Economic Affairs and Energy, which is in charge of international investment agreement. And finally, the Ministry commissioned a…
…methodological problem for any statistical analysis of non-ICSID cases. This is because, unlike ICSID cases, non-ICSID proceedings are as yet not subject to any specific reporting or transparency framework. As…
…conferencing. On more general and overarching terms, transparency of the proceedings and third party participation are discussed with clarity by Neale Bergman. Michelle Bradfield and Guglielmo Verdirame clarify and explain…
…chapters in TTIP, the TPP and CETA, as well as the UNCITRAL Transparency Rules 2013 – already go a long way to addressing such issues. The balance of rights in…
…protection of the public interest in the proceedings, a desire of transparency and the EU’s direct legal interest in the outcome of the dispute. Indeed, the EC is currently engaged…
…public disputes. Initiatives like the recent UNCITRAL Rules on Transparency in Treaty-based Investment Arbitration and the brand new UN Convention on Transparency in Treaty-based Investment Arbitration are making great strides…
…purpose was to jumpstart Arbitrator Intelligence. The larger aim of Arbitrator Intelligence—to promote transparency, fairness, and accountability in the selection of international arbitrators—is an enormous undertaking. So we had to…
…work of UNCITRAL, in particular the 2013 Transparency Rules, the Transparency Registry and the 2014 UN Transparency Convention (adopted by the UN General Assembly on 10 December) that will be…
…the lack of transparency from Ecuador regarding how the contracts were to be further altered thereafter. On one level, it is difficult to see a fundamental difference between a windfall…
