Transparency in Investor-State Arbitration: An Incremental Approach
Laurence Boisson de Chazournes & Rukia Baruti
ABSTRACT
Transparency is an evolving concept in international dispute resolution. This is becoming increasingly evident in the arbitral practice of investor-state disputes.This article takes cognizance of recent practice in this area. It reviews the recent changes in this context introduced by the United Nations Commission on International Trade Law (“UNCITRAL”) and the United Nations General Assembly in treaty based investor-state arbitration.While it acknowledges the significance of the changes introduced, it recognizes that transparency in dispute resolution was a practice initiated in other dispute resolution fora and is likely to undergo further changes as a consequence of the application of the mega regional investment agreements currently being negotiated.