Transparency in the Dispute Settlement Process: Country best practices

The document addresses the historical lack of transparency in investor-state arbitrations, noting that this opacity often results from treaties being silent on confidentiality. It highlights a growing trend where states are inserting specific transparency provisions into their treaties to increase public access to information. The text focuses on the approaches of specific nations including Canada, the United States, Chile, Singapore, Australia, and New Zealand, as well as regional agreements like NAFTA and COMESA.

• Historically, investor-state arbitrations have been characterized by a lack of transparency, making it difficult to identify when disputes are initiated, the arguments used, or the final awards made.
• The lack of transparency in these proceedings is not a treaty requirement but occurs because treaties are frequently silent regarding transparency and confidentiality.
• In response to mounting concerns over public access to information, states have begun incorporating transparency provisions directly into their treaties.

APA

Johnson,, N. B.-O. (2011). Transparency in the Dispute Settlement Process: Country best practices. International Institute for Sustainable Development. https://www.iisd.org/publications/guide/transparency-dispute-settlement-process-country-best-practices

Chicago

Johnson,, Nathalie Bernasconi-Osterwalder,Lise. Transparency in the Dispute Settlement Process: Country best practices. International Institute for Sustainable Development, 2011. https://www.iisd.org/publications/guide/transparency-dispute-settlement-process-country-best-practices.

Wikipedia

{{cite report |last1=Johnson, |first1=Nathalie Bernasconi-Osterwalder,Lise |title=Transparency in the Dispute Settlement Process: Country best practices |publisher=International Institute for Sustainable Development |date=19 December 2011 |url=https://www.iisd.org/publications/guide/transparency-dispute-settlement-process-country-best-practices |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{johnson2011transparency, author = {Johnson,, Nathalie Bernasconi-Osterwalder,Lise}, title = {{Transparency in the Dispute Settlement Process: Country best practices}}, institution = {International Institute for Sustainable Development}, year = {2011}, month = dec, url = {https://www.iisd.org/publications/guide/transparency-dispute-settlement-process-country-best-practices}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }