Transparency in Investment Arbitration

Schley, HRN 2014, 148-153

In recent years, concerns about transparency in international investment arbitration have been ever-increasing and have been answered, to different degrees, in all major international investment arbitration frameworks as well as in arbitration practice. The following paper will provide a brief introduction into the international investment arbitration system and examine transparency aspects of international investment agreements, focussing on ICSID, NAFTA and UNCITRAL. The paper concludes that, given most recent developments especially in the 2014 UNCITRAL Rules on Transparency, the overall level of transparency in investment arbitration has risen to an all-time high, yet still leaving room for institutionalized improvements.