- Table of Cases
- Table of International Treaties and Conventions
- Table of Rules and Resolutions
- Table of Legislation
- List of Contributors
- Policy Issues
- Investment, Investor, Nationality, and Shareholders
- Applicable Law
- Multilateral Investment Rules Revisited
- Interactions Between Investment and Non-investment Obligations
- Trade and Investment
- Admission and Establishment
- Standards of Treatment
- Coverage of Taxation Under Modern Investment Treaties
- Most-Favoured-Nation Treatment
- Emergency Exceptions: State of Necessity and <i>Force Majeure</i>
- Investment Insurance
- State Responsibility and Attribution
- Regulatory Transparency
- Corporate Social Responsibility
- Methods of Dispute Resolution
- Procedural Transparency
- Independence, Impartiality, and Duty of Disclosure of Arbitrators.
- Consent to Arbitration
- Jurisdiction and Admissibility
- The Jurisdictional Threshold of a Prima-Facie Case
- The Relationship between International Tribunals and Domestic Courts
- Parallel Proceedings
- Compensation, Damages, and Valuation
- Review of Awards
- An Appellate System in International Investment Arbitration?
- Compliance and Enforcement
- A Doctrine of Precedent?
- Tribunal's Powers versus Party Autonomy
Abstract and Keywords
This article focuses on the types of transparency and public participation opportunities to ensure that the public is appropriately informed. It briefly describes the increasing use of arbitration in investment disputes, the process of arbitration in the context of international investment; and the different arbitral rules and institutions typically used or available for investment arbitrations. This article examines the issue of transparency in investment arbitrations, discussing the role of transparency in international investment arbitration disputes; and the advantages and disadvantages of transparency at the different stages of the arbitration proceedings. It addresses the practical role of public participation in the proceedings and other submissions from non-arbitrating parties. Finally, this article presents very brief conclusions with respect to transparency and public participation in investment arbitrations.
Joachim Delaney, Clifford Chance LLP, London.
Daniel Barstow Magraw is President of the Center for International Environmental Law in Washington DC, United States. He was a US government official for ten years, during which time he participated in negotiating environmental, trade and other international instruments.
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