Toward Widespread Ratification of the Mauritius Convention on Transparency in Treaty-­‐based Investor-­‐State Arbitration

This briefing paper by the Center for International Environmental Law (CIEL) and the International Institute for Sustainable Development (IISD) advocates for the widespread ratification of the Mauritius Convention on Transparency in Treaty-based Investor-State Arbitration. The document explains how the Convention provides a mechanism for states to 'opt-in' to the UNCITRAL Rules on Transparency for disputes arising from investment treaties concluded before April 2014, thereby increasing public accountability and democratic governance in investor-state arbitrations.

• The Mauritius Convention on Transparency in Treaty-based Investor-State Arbitration, adopted by the UN General Assembly on 10 December 2014, aims to ensure transparency in the settlement of treaty-based investor-state disputes to protect public interest, as these cases can involve "large monetary liability for public treasuries" and center on critical public policies such as "nuclear or alternative energy policies to tobacco control, mining in natural reserves, and the protection of drinking water".
• The UNCITRAL Rules on Transparency, which came into effect on 1st April 2014, apply by default to arbitrations under treaties concluded after that date. The Mauritius Convention serves as an "efficient mechanism" for states to 'opt-in' and apply these transparency rules to arbitrations brought under treaties that existed prior to April 2014.
• The UNCITRAL Rules on Transparency mandate several levels of openness: Article 3 establishes three categories of document disclosure (mandatory/automatic, mandatory upon request, and discretionary); hearings must generally be open; and amicus curiae participation is permitted at the tribunal's discretion. However, Article 7(2) allows for confidentiality regarding business information, information protected by treaty or law, and information that would "impede law enforcement".
• As of January 2017, Mauritius and Canada have ratified the Mauritius Convention. Other signatory states include Finland, France, Germany, Sweden, United Kingdom, United States, Belgium, Congo, Gabon, Italy, Luxembourg, Madagascar, Netherlands, Switzerland, and Syria. The Convention enters into force six months after the deposit of the third instrument of ratification, acceptance, approval, or accession.

APA

Center for International Environmental Law (2017). Toward Widespread Ratification of the Mauritius Convention on Transparency in Treaty-­‐based Investor-­‐State Arbitration. https://www.ciel.org/wp-content/uploads/2017/02/Mauritius-Briefing-Paper-Final-7FEB17.pdf

Chicago

Center for International Environmental Law. Toward Widespread Ratification of the Mauritius Convention on Transparency in Treaty-­‐based Investor-­‐State Arbitration. 2017. https://www.ciel.org/wp-content/uploads/2017/02/Mauritius-Briefing-Paper-Final-7FEB17.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=Toward Widespread Ratification of the Mauritius Convention on Transparency in Treaty-­‐based Investor-­‐State Arbitration |date=January 2017 |url=https://www.ciel.org/wp-content/uploads/2017/02/Mauritius-Briefing-Paper-Final-7FEB17.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2017toward, author = {{Center for International Environmental Law}}, title = {{Toward Widespread Ratification of the Mauritius Convention on Transparency in Treaty-­‐based Investor-­‐State Arbitration}}, institution = {Center for International Environmental Law}, year = {2017}, month = jan, url = {https://www.ciel.org/wp-content/uploads/2017/02/Mauritius-Briefing-Paper-Final-7FEB17.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }