…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…
…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…
