…they take head-on a number of the challenges facing investment arbitration today, including inefficiency and rising costs, the perceived lack of transparency, and the impact of third-party funding arrangements on…
…Concluding Statement of the EU Chief Negotiator). While largely agreeing on the need to ensure regulatory space, increased transparency, and tighter state control of ISDS, both sides come to the…
…need for transparency and openness, and the principle of economy of budgetary funds were used to justify the restrictive approach to the arbitrability of procurement-related disputes. However, the idea of…
In recent years, ICSID has provided an increasing level of detail and transparency about the practice and procedure of ICSID Convention and ICSID Additional Facility arbitrations. The ICSID Secretariat has…
…issues include the nature and degree of influence of funders in the management of the dispute, issues of jurisdiction and admissibility (i.e. who owns the claim?), issues of transparency and…
…disruptions. It will also encourage Indian investors to make use of this provision while making outbound investments. Transparency A new clause on transparency has been added in the Model BIT….
…a draft award within three months of the last substantive hearing or the last substantive post-hearing submission (two months in the case of a sole arbitrator). Arbitrator Transparency For arbitrations…
…third parties, the effect of the award on commercial registries, confidentiality versus transparency, and the permissibility of arbitrations in equity. Very few statutes refer to arbitrability in regard to corporations….
…the proposed energy chapter for TTIP. Interestingly and despite the European Commission’s effort to increase transparency around the TTIP negotiations by publishing draft texts of various chapters, this is not…
…over the claim of around 60,000 bondholders. Enhanced transparency: The Draft Proposal is perhaps the first international investment agreement that provides for the application of the UNCITRAL Transparency Rules (Article…
…of transparency in investor-State arbitration: the 2006 ICSID amendments, the 2013 UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (“the 2013 UNCITRAL Rules”) (see here), and the Mauritius Convention (see…
…also seem natural. Words like “transparency” and “accountability” today seem like obvious requirements for a process and important and delicate as arbitrator selection. In 1995, these terms were anathemas. Back…
…to apply to arbitration centres throughout the Euro-Mediterranean region. These principles relate to the neutrality of arbitrators, clarity on how arbitrators are selected, transparency in arbitral procedure, costs, time and…
by Esmé Shirlow (Assistant Editor for Australia & New Zealand) Gabriele Ruscalla has recently observed that “transparency has become a fundamental principle in international adjudication”. The transparency paradigms governing…
…other instruments. The SIAC Investment Arbitration Rules will contain provisions on early dismissal of meritless claims, transparency of arbitral proceedings and third party funding. We have established a SIAC Rules…
…hearings to be closed temporarily. The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (‘Rules on Transparency’), for example, which also provide for the presumptive openness of arbitral hearings, are…
…of the current discussions about the new free trade agreements, ISDS and ambitious reforms, it is worth remembering that transparency, participation and, ultimately, legitimacy might be built in ways that…
…of the most corrupt nations in Asia,[3. Transparency International in 2014 ranked Cambodia 156th of 174 nations evaluated, and lowest in East Asia.] Cambodia is also one of the poorest…
…claims at an earlier stage than they otherwise might. Finally, upon commencement of arbitral proceedings, greater ex ante transparency about the identity of investors and the scope of their investments…
…conventional wisdom that investor-state dispute settlement, or ISDS, is in need of court-like transparency, arguing that extending court-like transparency to arbitration “would not benefit the arbitration process or the disputing…
…have found that many large companies, my own included, have for years lamented many of the same issues and called for greater efficiency, transparency, and accountability in arbitration. Similarly, in…
…of arbitral institutions, such as the transparency and fairness of arbitration rules, the location of arbitral institutions and the possibility of enforcing arbitral awards. CIETAC, SHIAC and BAC have amended…
…of India is prepared to offer to ensure that the commercial bases of their investments are protected. The corner stones of investor confidence have always been transparency, predictability and clarity…
…the subject: Arbitrator Intelligence: The Pilot Project and Beyond; A Step toward Greater Transparency: The UN Transparency Convention; The Efficiency Train Has Left the Station: Transparency As the Next Destination…
