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Tag Archives: investor-state arbitrations

UNCITRAL Arbitration Rules Transparency Provisions – Lifting the Veil on Investor-State Arbitrations

A notable feature of investment treaty arbitrations is that they nearly always concern issues relating to a State’s treatment of foreign investment and its exercise of public policy. Potential significant State liability may also arise pursuant to an award which goes against the State. Unlike ICSID arbitrations, the UNCITRAL Arbitration Rules do not make it a requirement that a public record is made of the dispute, which has led to criticism on the grounds that this is contrary to the principle of transparency – a principle which all State functions