Proposed revisions to UNCITRAL rules for state arbitrations

Resource type: Legal update: archive

Status: Published on 05-Sep-2007

Jurisdiction: International

The International Institute for Sustainable Development (IISD) and the Center for International Environmental Law (CIEL) have submitted a revised proposal for amendments to the UNCITRAL rules. The revised proposal aims to reflect the particular features of arbitrations to which states are party - in particular investment treaty arbitrations.

Drawing a clear distinction between private commercial and state arbitrations, the revised proposal notes that state arbitrations entail implications for the public interest which require a greater degree of transparency. Accordingly, the proposed revisions would permit public notice of arbitral proceedings, public access to documents and awards, open hearings and the possibility of amicus curiae briefs. The authors hope that the revisions, if adopted, would strengthen the role of the UNCITRAL rules in resolving state arbitrations.

An earlier version of the proposal was submitted in February, and was then revised after comments from member governments at the session of the working group. The chief revision appears to be the suggestion that UNCITRAL adopt the ICSID Convention definition of "investor-state disputes". The revised proposal will be considered at the next working group session, to be held this month.

The paper is available on the IISD and CIEL websites.

Source: Global Arbitration Review.
PLC Dispute Resolution

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  • Resource ID: 6-376-3229
  • Published: 05-Sep-2007
  • Products:  PLC Arbitration - International, PLC UK Dispute Resolution, PLC US Law Department
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