UNCITRAL Arbitrations Involving State as a Party -- Transparency, Public Participation and Accountability

The Center for International Environmental Law (CIEL) argues that existing UNCITRAL arbitration rules are insufficient for cases involving State parties because they were designed for private commercial disputes. CIEL recommends that UNCITRAL establish distinct rules for State arbitrations to ensure transparency, public participation, and accountability, citing the significant public policy implications and monetary liabilities associated with such cases.

• State arbitrations differ from private commercial arbitrations because they frequently involve critical public policy issues, significant potential monetary liabilities for public treasuries, and the conduct of national or sub-national governments.
• Current UNCITRAL rules lack transparency and public participation, making it often impossible for the public or other States to know if an arbitration has been filed, the issues involved, the arguments presented, procedural rulings, or the final decision. Additionally, the rules generally prevent the filing of amicus curiae briefs.
• The existing UNCITRAL rules are deemed inadequate for State arbitrations because they were drafted primarily for commercial arbitrations and predated the proliferation of more than 2,000 bilateral investment treaties.
• CIEL recommends that UNCITRAL distinguish State arbitrations from private commercial ones, conduct a transparent review with input from civil society and other UN bodies (such as ICSID, ILO, UNCTAD, UNEP, WHO, and the WTO), and commission a new report specifically focused on State arbitrations.

APA

Center for International Environmental Law (n.d.). UNCITRAL Arbitrations Involving State as a Party -- Transparency, Public Participation and Accountability. https://www.ciel.org/wp-content/uploads/2015/05/UNCITRAL_Statement_18Sep06.pdf

Chicago

Center for International Environmental Law. UNCITRAL Arbitrations Involving State as a Party -- Transparency, Public Participation and Accountability. n.d. https://www.ciel.org/wp-content/uploads/2015/05/UNCITRAL_Statement_18Sep06.pdf.

Wikipedia

{{cite press release |author=Center for International Environmental Law |title=UNCITRAL Arbitrations Involving State as a Party -- Transparency, Public Participation and Accountability |url=https://www.ciel.org/wp-content/uploads/2015/05/UNCITRAL_Statement_18Sep06.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centerforinternationalenvironmentallawnduncitral, author = {{Center for International Environmental Law}}, title = {{UNCITRAL Arbitrations Involving State as a Party -- Transparency, Public Participation and Accountability}}, publisher = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2015/05/UNCITRAL_Statement_18Sep06.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }