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The topic of transparency in international investment arbitration is gaining increasing attention. This in-depth commentary analyses the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, one of the most recent and innovative developments in international law. Focusing on the application of these rules, contributors analyse the issue of transparency in investment law more broadly and provide in-depth guidance on how to apply the UNCITRAL transparency rules. Chapters encompass all treaty-based disputes between investors and state, examining the perspectives of disputing parties, third parties, non-disputing state parties and arbitral tribunals. The contributors each have a strong background in investment arbitration, in both professional practice and academia. This commentary will be of interest to all actors involved in investment arbitrations, especially practitioners, counsels, NGOs and scholars in the fields of international law, commercial arbitration and investor-state arbitration.
The topic of transparency in international investment arbitration is gaining increasing attention. This in-depth commentary analyses the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, one of the most recent and innovative developments in international law. Focusing on the application of these rules, contributors analyse the issue of transparency in investment law more broadly and provide in-depth guidance on how to apply the UNCITRAL transparency rules. Chapters encompass all treaty-based disputes between investors and state, examining the perspectives of disputing parties, third parties, non-disputing state parties and arbitral tribunals. The contributors each have a strong background in investment arbitration, in both professional practice and academia. This commentary will be of interest to all actors involved in investment arbitrations, especially practitioners, counsels, NGOs and scholars in the fields of international law, commercial arbitration and investor-state arbitration.
Foreword James Crawford; 1. Introduction Maxi Scherer, Markus Gehring and Dimitrij Euler; 2. Public interest in investment arbitration Markus Gehring and Dimitrij Euler; 3. Article 1. Scope of application Krista Nadakavukaren Schefer; 4. Article 2. Publication of information at the commencement of arbitral proceedings Giuseppe Bianco; 5. Article 3. Publication of documents Christopher Kee; 6. Article 4. Submission by a third person Mariel Dimsey; 7. Article 5. Submission by a non-disputing party to the treaty Martins Paparinskis and Jessica Howley; 8. Article 6. Hearings Klint Alexander; 9. Article 7. Exceptions to transparency Thierry Augsburger; 10. Article 8. Repository of published information Kathleen Claussen; 11. The application of transparency Johannes Koepp and Cameron Sim; 12. Conclusion Dimitrij Euler and Maxi Scherer.
This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.
Dimitrij Euler is a Ph.D. candidate in the Faculty of Law at the University of Basel, Switzerland. Markus Gehring is a university lecturer in the Faculty of Law at the University of Cambridge. Maxi Scherer is a Senior Lecturer in International Arbitration and Energy at Queen Mary University of London and a Special Counsel at Wilmer Cutler Pickering Hale and Dorr LLP, London.
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