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

The Center for International Environmental Law (CIEL) asserts that existing UNCITRAL rules, designed for private commercial disputes, are inadequate for State arbitrations which often involve public policy and significant public funds. CIEL recommends that UNCITRAL distinguish State arbitrations from private ones, conduct a participatory review involving civil society and other UN bodies, and adopt rules that ensure full transparency and public participation while protecting state secrets and confidential business information.

• Existing UNCITRAL rules are insufficient for State arbitrations because they were created for commercial disputes between private parties and predated the proliferation of over 2,000 bilateral investment treaties.
• State arbitrations differ from private commercial arbitrations because they frequently involve national government conduct, large potential liabilities for public treasuries, and critical public policy issues.
• Current UNCITRAL proceedings often lack basic transparency, making it difficult for the public to know if an arbitration has been filed, the arguments being used, or the final decision, and typically preventing the filing of amicus curiae briefs.
• CIEL recommends that UNCITRAL adopt specific rules for State arbitrations that allow for full transparency and public participation, while maintaining protections for State secrets and confidential business information.

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} }