Revising the UNCITRAL Arbitration Rules to Address Investor-State Arbitrations

This research paper by the Center for International Environmental Law (CIEL) and the International Institute for Sustainable Development (IISD) argues for the revision of the UNCITRAL Arbitration Rules to better accommodate the public dimensions of investor-State arbitrations, specifically regarding transparency and public participation.

• The UNCITRAL Arbitration Rules, adopted in 1976, are increasingly being used for arbitrations under Bilateral Investment Treaties (BITs) involving challenges to sovereign State measures, a use not anticipated by the original drafters.
• CIEL and IISD advocate for specific improvements to the UNCITRAL Rules regarding investor-State arbitrations, focusing on public notice of proceedings, access to documents, open hearings, and amicus curiae briefs, as these cases implicate the public interest differently than private commercial arbitrations.
• The authors suggest that the difference between investor-State and commercial arbitrations can be addressed by introducing specific language into articles 3, 15, 25, and 32 of the UNCITRAL Rules.

APA

Center for International Environmental Law (2007). Revising the UNCITRAL Arbitration Rules to Address Investor-State Arbitrations. https://www.ciel.org/reports/revising-the-uncitral-arbitration-rules-to-address-invester-state-arbitrations-revised-cieliisd-december-2007-2/

Chicago

Center for International Environmental Law. Revising the UNCITRAL Arbitration Rules to Address Investor-State Arbitrations. 2007. https://www.ciel.org/reports/revising-the-uncitral-arbitration-rules-to-address-invester-state-arbitrations-revised-cieliisd-december-2007-2/.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=Revising the UNCITRAL Arbitration Rules to Address Investor-State Arbitrations |date=1 December 2007 |url=https://www.ciel.org/reports/revising-the-uncitral-arbitration-rules-to-address-invester-state-arbitrations-revised-cieliisd-december-2007-2/ |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2007revising, author = {{Center for International Environmental Law}}, title = {{Revising the UNCITRAL Arbitration Rules to Address Investor-State Arbitrations}}, institution = {Center for International Environmental Law}, year = {2007}, month = dec, url = {https://www.ciel.org/reports/revising-the-uncitral-arbitration-rules-to-address-invester-state-arbitrations-revised-cieliisd-december-2007-2/}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }