REVISION OF UNCITRAL RULES AND INVESTMENT ARBITRATION: AN UPDATE ON THE ONGOING PROCESS TO INCREASE TRANSPARENCY IN INVESTMENT ARBITRATION

This briefing outlines the ongoing efforts by the United Nations Commission on International Trade Law (UNCITRAL) to revise its 1976 Arbitration Rules to increase transparency in investor-State disputes. It highlights that while these rules are widely used, their origin in private commercial law allows for secrecy in cases involving public interests—such as environmental protection and natural resource management—and large financial awards. The document notes that on June 27, 2008, the Commission agreed by consensus to ensure transparency, with specific work on this issue scheduled to begin in September 2009.

• UNCITRAL Arbitration Rules, first established in 1976, are the second most frequently used rules for investment disputes, following those of the International Centre for Settlement of Investment Disputes (ICSID). While primarily designed for private commercial disputes, they are used for disputes between foreign investors and host States based on contracts or investment treaties.
• Investment disputes often involve significant public interest issues, including the delivery of public services and the protection of health and the environment, as well as the exploitation of water, forests, minerals, and other natural resources. These cases can result in substantial financial impacts on the public purse, with some awards against host States exceeding US$100 million.
• Because the 1976 UNCITRAL rules were designed for private commercial parties, investment disputes involving States can remain confidential if one party requests it, even if the government party wishes to inform its citizens.
• Following a period of opposition from some delegations, the United Nations Commission on International Trade Law reached a consensus on June 27, 2008, regarding the importance of transparency in investor-State dispute resolution. The Commission mandated Working Group II (WG II) to begin discussions on transparency starting in early September 2009, after completing the revision of generic arbitration rules.

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} }