Who Is In? Who Is Out? How the UNCITRAL Transparency Rules Can Influence the Upcoming Amendments of the ICSID Arbitration Rules

Contemporary Asia Arbitration Journal, Vol. 11, No. 1, pp. 45-72, May 2018

28 Pages Posted: 15 Jun 2018

Date Written: May 31, 2018

Abstract

The International Center for Settlement of Investment Disputes (hereinafter “ICSID”) has started its fourth amendment of its Arbitration Rules since 2016. The issue of transparency has been highlighted as a delicate issue in ICSID ongoing current amendment. It is also listed in the topics that have been identified for potential amendment. This article analyses how the issues of access to hearings and confidentiality over information arising from arbitration is treated under the current framework. A comparison is made against the Transparency Rules. The analysis is also made against the comments received from the public whose views are analysed as a possible direction the amendment may take.

Keywords: ICSID Amendment, ICSID Public Comments, The Transparency Rules, Access to Hearing, Confidentiality Over Arbitration Information

Suggested Citation

Yu, Hong-Lin, Who Is In? Who Is Out? How the UNCITRAL Transparency Rules Can Influence the Upcoming Amendments of the ICSID Arbitration Rules (May 31, 2018). Contemporary Asia Arbitration Journal, Vol. 11, No. 1, pp. 45-72, May 2018. Available at SSRN: https://ssrn.com/abstract=3188004

Hong-Lin Yu (Contact Author)

University of Stirling ( email )

Stirling, Scotland FK9 4LA
United Kingdom

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