Submission to Working Group II on International Arbitration

The International Institute for Sustainable Development (IISD) submits proposed revisions to the UNCITRAL draft rules on transparency in investor-State arbitration. The submission focuses on expanding the scope of application to existing treaties, mandating the public disclosure of a wide range of case documents, establishing public hearings as the default rule, and tightening the criteria for confidentiality and 'integrity of the process' exceptions to prevent broad tribunal discretion from undermining transparency.

• The submission proposes that the Rules on Transparency should apply to investor-State arbitrations under both existing and future treaties, provided the parties agree, and that references to UNCITRAL Arbitration Rules in treaties concluded after the rules' effective date should be presumed to incorporate the transparency rules.
• To ensure comprehensive disclosure, the document suggests that mandatory public documents should include the notice of arbitration, statements of claim and defence, witness statements, expert reports, and decisions from both the arbitral tribunal and appointing authorities.
• The submission argues that public hearings should be the default standard rather than a discretionary decision by the tribunal, though it allows for private sessions to protect sensitive information or for logistical reasons.
• The document proposes a 'presumption of transparency' regarding exceptions, requiring parties to clearly identify and justify any claims that information is 'protected' or 'confidential' and to provide redacted versions of documents promptly.
• The submission criticizes the use of broad tribunal discretion in determining redactions, arguing instead that claims for protection should be resolved strictly according to applicable law to avoid eviscerating established legal standards.
• Regarding the 'integrity of the arbitral process' exception, the document suggests narrowing the criteria to cases where publication poses a 'manifest risk of serious harm,' such as witness intimidation or hampering evidence collection.

APA

International Institute for Sustainable Development (2012). Submission to Working Group II on International Arbitration. https://www.iisd.org/system/files/publications/uncitral_submission_working_group_ii_2012.pdf

Chicago

International Institute for Sustainable Development. Submission to Working Group II on International Arbitration. 2012. https://www.iisd.org/system/files/publications/uncitral_submission_working_group_ii_2012.pdf.

Wikipedia

{{cite press release |author=International Institute for Sustainable Development |title=Submission to Working Group II on International Arbitration |date=October 2012 |url=https://www.iisd.org/system/files/publications/uncitral_submission_working_group_ii_2012.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{internationalinstituteforsustainabledevelopment2012submission, author = {{International Institute for Sustainable Development}}, title = {{Submission to Working Group II on International Arbitration}}, publisher = {International Institute for Sustainable Development}, year = {2012}, month = oct, url = {https://www.iisd.org/system/files/publications/uncitral_submission_working_group_ii_2012.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }