…ICC took a major step towards transparency with respect to arbitrators’ availability and workload. As a result of these measures, the ICC now requires ICC arbitrators to complete an ICC…
…decisions on challenges. This is a welcome development. However, these reasons are not being published for the wider arbitration community. Greater transparency would enhance the predictability and consistency of decisions…
…investment treaty arbitration more specifically). While various arguments were aired for and against transparency, I was struck (anew) by the extent to which the transparency debate focuses on the rights…
…and onwards, looking to attract and secure investment; seeking to give transparency to the dispute resolution process and both physically and commercially just purely manage the massive volume of work…
…arbitration, it also believes that transparency considerations shall not justify actions that exacerbate the dispute or otherwise compromise the integrity of the arbitration proceedings. Further, transparency considerations may not prevail…
…significant for questions of transparency and the public interest in international dispute settlement. The Secretary-General’s decision to publish the summary is based on his view that there is a unique…
…arbitration for claimants who first try their luck in the domestic courts. Similarly, the treaty addresses none of the other concerns – such as a lack of transparency or predictability…
…ensuring a satisfactory degree of transparency of the processes of selection and election of international judges, international arbitration is still the domain of a rather closed and often unknown-to-the-public guild….
…no direct evidence. As a consequence, the court relied on external evidence indicating possible partiality and dependence, including reports of Transparency International, the EU-Russian Centre and Freedom House, as well…
…tribunals adopted similar views by linking the legitimate expectations principle with the transparency obligation of the host state. More specifically, in MTD v. Chile the tribunal acknowledged the legitimate expectations…
…venues which lag the much-maligned ICSID in terms of their transparency and in the degree to which they cater to sovereign governments. Indeed, when Bolivia left ICSID, and Luxembourg-based Ashmore…
…transparency often means that such deals have thin political support within the host countries. In their new report, the FAO and the IIED, along with the International Fund for Agricultural…
…reason is in our view to be found in the lack of transparency of commercial arbitration as a dispute resolution system. How can an arbitral tribunal ever conclude that consistent…
…be the judge and a member of a law firm providing legal assistance to one of the parties, its parent company or subsidiaries. At a time when transparency and ethics…
…in preserving transparency and openness in the proceedings and alerting the tribunal to certain collateral effects, externalities, or consequences stemming from the dispute itself or its potential remedies. It is…
…authorizing such transparency is found in Article 8.6 of the Arbitration Agreement: “The oral pleading(s) of the Tribunal shall be open to the media. A portion of a hearing may…
…concerns. Part One: Adequacy of Existing Rules for Investor-State Arbitration Gary Born and Ethan Shenkman provide a comparative analysis of confidentiality and transparency issues in commercial and investment arbitration, and…
…note of bilateral investment treaties (BITs), have tended to criticize such agreements for their lack of balance and transparency. However, without discounting the importance of some of these criticisms, it…
…a veil of secrecy. Arbitration conferences provide a degree of transparency that we use as a proxy to judge quality. This theory is reinforced by the highly unusual practice of…
…and that public officials should adopt a posture of transparency and disclosure so that citizens may exercise democratic control over the actions of governments (including in relation to their interactions…
…the pegs on which challenges to arbitrators might be hung, interestingly (even ironically perhaps) it is the increased “transparency” and access to information about arbitral proceedings and arbitrators that appears…
