Argument (#12 December 2013)

What is the Value of Increasing Transparency in Investment Arbitration?

by Dr. Sergei A. Voitovich

Transparency is a popular trend in investment arbitration (hereinafter — IA) which is intensively debated by arbitration specialists. Transparency is a conceptual, rather than legal issue, which affects the state and operation of the modern system of IA.

The involvement of a sovereign state in arbitration determines greater transparency. This is true not only for investment disputes, but also for inter-state arbitration and international courts with the participation of states. Transparency begins with the investment protection treaties which are openly published, unlike confidential commercial contracts…

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