Living in Glass Houses? The Debate on Transparency in International Investment Arbitration
Loretta Malintoppi & Natalie Limbasan
ABSTRACT
The present article examines the parameters of transparency and considers both current and pending standards to be applied with regard to this notion. The authors discuss the evolving framework from a theoretical perspective and look at arbitral practice in this context, taking into account recent developments such as the adoption of the UNCITRAL Transparency Rules and the related Mauritius Convention, as well as their incorporation into the draft texts of the Transatlantic Trade and Investment Partnership and EU-Canada Free Trade Agreement. The authors conclude that the impetus for transparency is greatest amongst those engaging most actively in the debate, but that whether the time is ripe for comprehensive transparency standards will be reflected in the reaction of states to the opportunity to bind themselves immediately thereto by acceding to the Mauritius Convention.