…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…
…propensity to annul decisions, and lack of transparency have also been identified. Although these reasons might appeal to legal academics and practitioners, they fail to explain the substantial popular dissatisfaction…
…the other contracting party. Switzerland took an active role in promoting transparency in investment arbitration in the negotiations regarding the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration. Hence, it…
…the UNCITRAL Model Law on Commercial Arbitration and the UNCITRAL Rules on Transparency in Treaty-based Investor-state arbitration – just to mention a few. It is not coincidence that the 1955…
…fulfilling our “Wish List.” When you are done reading, visit the site here! The goal of Arbitrator Intelligence is to promote transparency, fairness, and accountability in the selection of international…
…criticized as unaccountable to any formal institution. The entire system is criticized for being organized around private interests, lacking transparency, and generally failing to account for political and policy issues…
…ICSID Rules and Regulations, and the transparency rules under CAFTA, among others, these elements contribute to transparency becoming a global norm in international investment law. Transparency and the EU Commission’s…
…of Australia. Transparency of proceedings can also be enhanced, as under KAFTA which adopts detailed provisions as well as a side agreement on the new UNCITRAL Transparency Rules. The risks…
…the tribunal that the contract was not an “investment”. Transparency An important issue that arises, in this case, is transparency. Although widely regarded as the first ITA case which India…
One of the defining and distinguishing features of arbitration is the privacy that it affords parties. However, as all practitioners recognize, arbitration is rarely conducted in full secrecy and applications…
…is unclear. This lack of clarity exists because (i) Peru has shown a pro-transparency attitude in some cases and a low-transparency attitude in others; and, (ii) when a pro-transparency attitude…
…measures, but mechanisms for encouraging greater transparency in the document-exchange phase of arbitrations. In addressing these issues, parties and tribunals might take a lesson from an unlikely source, the U.S….
On this blog, I have previously (here and here) questioned existing practices for how arbitrators are selected and argued that a new approach is both necessary and long overdue. To…
…to the enhanced transparency standard introduced on international investment arbitrations by the UNCITRAL Working Group II in January 2013 (which will be effective as of 1 April 2014). The increase…
…promises they make with respect to an investment (an “umbrella clause” undertaking). Several BITs also establish transparency requirements of the kind that featured, controversially, in the Metalclad case.3)See Judgment of…
…decided ex aequo et bono and are subject to public disclosure rules in order to respect the principle of legality and the principle of publicity and transparency – two key…
It has been over two years since the DC Circuit Court of Appeals (“Circuit Court”) vacated an award in a bilateral investment treaty arbitration (BG Group PLC v. Republic of…
…the lack of transparency of the consultants’ payment arrangements, the significant connections of some of the consultants with Uzbek Government officials responsible for Metal-Tech’s investment, and Metal-Tech’s failure to substantiate…
…of corrupt intent; characterized by transparency; governed by important safeguards; and not likely in violation of the local law of the foreign country. Payment cast as “humanitarian”, and DOJ takes…
…In respect of the arbitral process itself, the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (the transparency rules) will come into force on 1 April 2014. The transparency rules…
…of dispute settlement by (1) establishing a loser pays all rule, thus preventing investors from bringing multiple or frivolous claims; (2) ensuring transparency of the arbitration system (by making documents…
…provide a stable and predictable business environment and transparency as well as the obligation to protect an investor’s legitimate expectations. NAFTA tribunals have adopted a much more narrow interpretation of…
