Recent Developments to Promote Transparency and Public Participation in Investment Treaty Arbitration
25 Pages Posted: 13 Jan 2011
Date Written: January 12, 2011
In the past, concerns have been expressed about the secrecy of international treaty arbitration. This paper attempts to show how the investment treaty arbitration system has responded to these criticisms. It starts by reviewing the arguments in favour of transparency and what different forms transparency can take in the context of investment treaty arbitration. The paper then sketches out the main developments in relation to transparency and highlights key issues that still remain to be resolved. In conclusion it is noted that the extent of publicity and public participation in a particular arbitration will depend on the instrument under which the claim is being brought. Whilst a small number of states have sought to promote the transparency agenda in their investment treaties, much more could be done by the majority of states.
Keywords: international investment law, investment treaty arbitration, amicus curiae briefs, transparency, secrecy, publicity
Suggested Citation: Suggested Citation