…is only one of the many issues when it comes to the duality between confidentiality vs. transparency in arbitral proceedings. Professor Cerezetti posed some open-ended questions for the panelists to…
…and dispute boards. Ms. Coelho highlighted CAM-CCBC’s commitment to transparency, diversity, sustainability, and best practices in international arbitration. In 2022, for instance, the Center published the “CAM-CCBC Facts and Figures…
…confidentiality, there are important discussions when public held companies seek to keep some information confidential. That happens because transparency is one of the pillars of the capital market and public…
…change disputes (e.g. issues related to arbitrability, disclosure, confidentiality, and transparency). For instance, in June 2022, the Center for Climate Change Economics and Policy (CCCEP) and the Grantham Research Institute…
…Part III (including fair and equitable treatment, expropriation, and transfers related to investments) and arbitration provisions in Part V (including new language on transparency and new articles on frivolous claims,…
…The modernised text applies the UNCITRAL Rules on Transparency in Treaty-based Investor-State arbitration to all investor-state arbitrations under the treaty (Art 26(6)), enhancing the transparency of the process and encouraging…
…practitioners cited transparency of administrative processes and decisions, such as selection of and challenges to arbitrators as a key adaptation that can make an arbitration institutions more attractive — the…
…transparency, conciliation, revision of additional facility rules and standalone mediation rules. She also flagged the developing Code of Conduct for Adjudicators in Investment Arbitration. Anna Joubin-Bret then discussed the work…
…process. Ms. Simson explored the benefits of increased transparency, including the public interest, predictability, heightened accountability, and legitimacy. In contrast, Ms. Silberman advanced the idea that we cannot debate transparency….
…contain, among others, the following contributions: Marlena HARUTYUNYAN, The Revised ICSID Rules: A Further Step Towards Transparency and Efficiency Hansjörg STUTZER, The Ongoing Duty to Disclose and the Taciturn Chairwoman….
…to act as an arbitrator or counsel; and (5) transparency of awards. First, the Bill’s explanatory notes assert that, even though arbitration is designed to offer a quicker path for…
In 2017, the United Nations Commission on International Trade Law (UNCITRAL) initiated a consultative process to consider procedural reform options for investor-State dispute settlement (ISDS). Kluwer Arbitration Blog ran a…
International arbitration has been regarded as a flexible and efficient dispute resolution mechanism. While this may hold true for most phases of the arbitration, document production (i.e., the phase where…
…that a state act that is arbitrary, notoriously unjust, unlawful, idiosyncratic or discriminatory, as well as lacking in transparency or a serious breach of administrative due process, is contrary to…
…there would be a high level of legal certainty and transparency. The most relevant regulatory authorities for these matters in the Republic of Serbia would be the tax administration and…
… 3. Transparency in Dispute Settlement The modernized ECT intends to provide for enhanced transparency in the conduct and outcome of proceedings. It incorporates the 2014 UNCITRAL Rules on Transparency…
…ISDS, before outlining arguments on why amicus briefs are appropriate to address these criticisms. The panelists noted that the issue of transparency refers to the lack of awareness of and…
…and laws, together with the impact of these on international arbitration practice today. With a focus on the users’ demand for transparency, and time and cost efficiencies, Mr Santiago provided…
…the agreement. Moreover, in the fourteenth negotiation round, a major success for transparency was achieved by reaching consensus to have the UNCITRAL Rules on Transparency in Treaty-based Investor-State arbitration applied…
…by an ex ante positive obligation of transparency, i.e., the duty to disclose any circumstances that may give rise to independence and impartiality, and an ex post sanctioning mechanism, which…
…New ICSID Rules is to increase transparency in various aspects of ICSID proceedings, thereby aligning the ICSID Rules with a recognizable trend among arbitration rules worldwide. This post focusses on…
…seat. The panel members nevertheless emphasized the need for greater transparency, outstanding level of case management and service to the parties, and a strong autonomy for the arbitral tribunals as…
…behalf. Recent efforts at ICSID have also seen proposals to promote greater transparency in the third-party funding of investment disputes. Conclusion As a part of the ISDS reform narrative, several…
…his investment in a manner that was reasonably justifiable and did not manifestly violate basic requirements of consistency, transparency, even-handedness and non-discrimination”. A second example related to the Israel-Guatemala BIT…
