REVISION OF UNCITRAL RULES AND INVESTMENT ARBITRATION: AN UPDATE ON THE ONGOING PROCESS TO INCREASE TRANSPARENCY IN INVESTMENT ARBITRATION
Summary
The document outlines the efforts by the United Nations Commission on International Trade Law (UNCITRAL) to revise its 1976 Arbitration Rules to address a lack of transparency in investor-State disputes. It notes that while these rules are primarily for commercial disputes, they are frequently used in investment cases involving public interests such as environmental and health protection. Following a consensus reached on June 27, 2008, UNCITRAL's Working Group II is mandated to develop transparency rules for investor-State dispute resolution starting in September 2009.
Key insights
- UNCITRAL Arbitration Rules, originally designed for private commercial disputes in 1976, are the second most used rules for investment disputes after ICSID, but they often allow proceedings to remain secret even if a government wishes to inform its citizens.
- Investment disputes frequently involve significant public interest issues, including the exploitation of natural resources like minerals, forests, and water, as well as health and environmental protection, and can result in awards exceeding US$100 million.
- On June 27, 2008, the UNCITRAL Commission reached a consensus on the necessity of ensuring transparency in investor-State dispute resolution and directed Working Group II to begin discussions on the matter after completing the revision of generic arbitration rules.
Cite the original document
- APA
- Center for International Environmental Law (2009). REVISION OF UNCITRAL RULES AND INVESTMENT ARBITRATION: AN UPDATE ON THE ONGOING PROCESS TO INCREASE TRANSPARENCY IN INVESTMENT ARBITRATION. https://www.ciel.org/wp-content/uploads/2015/06/UNCTAD_meeting_Jan09.pdf
- Chicago
- Center for International Environmental Law. REVISION OF UNCITRAL RULES AND INVESTMENT ARBITRATION: AN UPDATE ON THE ONGOING PROCESS TO INCREASE TRANSPARENCY IN INVESTMENT ARBITRATION. 2009. https://www.ciel.org/wp-content/uploads/2015/06/UNCTAD_meeting_Jan09.pdf.
- Wikipedia
- {{cite report |author=Center for International Environmental Law |title=REVISION OF UNCITRAL RULES AND INVESTMENT ARBITRATION: AN UPDATE ON THE ONGOING PROCESS TO INCREASE TRANSPARENCY IN INVESTMENT ARBITRATION |date=February 2009 |url=https://www.ciel.org/wp-content/uploads/2015/06/UNCTAD_meeting_Jan09.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{centerforinternationalenvironmentallaw2009revision, author = {{Center for International Environmental Law}}, title = {{REVISION OF UNCITRAL RULES AND INVESTMENT ARBITRATION: AN UPDATE ON THE ONGOING PROCESS TO INCREASE TRANSPARENCY IN INVESTMENT ARBITRATION}}, institution = {Center for International Environmental Law}, year = {2009}, month = feb, url = {https://www.ciel.org/wp-content/uploads/2015/06/UNCTAD_meeting_Jan09.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
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