UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (effective date: 1 April 2014)
The UNCITRAL Rules on Transparency in Treaty-based investor-State Arbitration (the "Rules on Transparency"), which come into effect on 1 April 2014, comprise a set of procedural rules that provide for transparency and accessibility to the public of treaty-based investor-State arbitration.
The Rules on Transparency apply in relation to disputes arising out of treaties concluded prior to 1 April 2014, when Parties to the relevant treaty, or disputing parties, agree to their application. The Rules on Transparency apply in relation to disputes arising out of treaties concluded on or after 1 April 2014 ("future treaties"), when investor-State arbitration is initiated under the UNCITRAL Arbitration Rules unless the parties otherwise agree. The Rules on Transparency are also available for use in investor-State arbitrations initiated under rules other than the UNCITRAL Arbitration Rules, and in ad hoc proceedings.
Given the link between the UNCITRAL Arbitration Rules and the application of the Rules on Transparency, a new version of the UNCITRAL Arbitration Rules (with new article 1, paragraph 4 as adopted in 2013) (the "UNCITRAL Arbitration Rules 2013"), will also come into effect on 1 April 2014. Such a revision (namely, the inclusion of a new paragraph 4 of article 1) ensures that the Rules on Transparency are clearly incorporated into the latest version of the UNCITRAL Arbitration Rules, to provide for utmost clarity in relation to the application of the Rules on Transparency in disputes arising under future treaties and initiated under the UNCITRAL Arbitration Rules. In all other respects, the UNCITRAL Arbitration Rules 2013 remain unchanged from the UNCITRAL Arbitration Rules (as revised in 2010).
Information to be made available to the public under the Rules on Transparency shall be published by a central repository, a function undertaken by the Secretary-General of the United Nations, through the UNCITRAL Secretariat. Information shall be published via the UNCITRAL website.