Pillsbury associate Gary J. Shaw recently published two articles on the growing trend of transparency in international investment arbitration.

The first paper—titled Looking in on Transparency: A 2020 Review of States’ Reactions to the UNCITRAL Rules on Transparency and the Mauritius Convention—is about the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration. Like the name says, the standalone Rules are designed to promote and facilitate public access to investor-state arbitrations, which in the past were kept confidential. Since the Rules were adopted in 2013 however, they have not been widely used, principally because many nations have chosen not to apply them. This paper examines that trend and the possible reasons why states are so hesitant to apply the Rules.

To read the full article, click here.

The second paper—titled The 2022 ICSID Rules: A Leap Toward Greater Transparency in ICSID Arbitration—is about the ICSID Arbitration Rules, specifically those provisions related to transparency. Just this year, ICSID amended its Arbitration Rules to, among other things, facilitate public access to its proceedings. Curiously though, those amendments were based, in large part, on the little-used UNCITRAL Rules addressed in the first paper. This second paper examines each of ICSID’s new rules on transparency in detail and compares each of them to the UNCITRAL Rules.   

Click here to read the full publication.