Another Rip in the Arbitration Veil? Transparency in the Wake of Forresti and Giovanna
14 Pages Posted: 24 Mar 2013 Last revised: 11 Apr 2013
Date Written: August 11, 2011
Abstract
In debates over the democratic deficit of international institutions, transparency is usually the legitimacy criteria most easily satisfied. It is therefore a sign of the ongoing legitimacy crisis within international investment arbitration that this element has remained so elusive. While some of this could be attributed fairly to the historical development of investment arbitration – an outgrowth from classical commercial arbitration – investment issues are often of public significance and investors themselves have politicised the use of investment treaties. This paper analyses the emerging response of the investment arbitration regime to demands for greater transparency and shadows two contrasting approaches in recent cases.
Suggested Citation: Suggested Citation