Ensuring Transparency in Investor-State Dispute Resolution under the UNCITRAL Arbitration Rules
The paper examines the United Nations Commission on International Trade Law (UNCITRAL) Working Group's role in implementing the UNCITRAL Commission's decision "on the importance of ensuring transparency in investor-State dispute resolution," and presents options for preferred ways forward.
It identifies the optimal form for ensuring compliance with the Commission's mandate to the Working Group and addresses the issue of applicability of the new rules. The paper includes a proposed text capturing key elements on transparency to form part of the generic UNCITRAL arbitration rules.
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