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Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Transparency Issue in the Amendment of ICSID Arbitration Rules - Public Right to Information vs Public Confidence?
Author(s): Yu, Hong-Lin
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Keywords: Arbitral proceedings
Conflict of interest
International Bar Association
Issue Date: 30-Aug-2018
Citation: Yu H (2018) Transparency Issue in the Amendment of ICSID Arbitration Rules - Public Right to Information vs Public Confidence?. International Arbitration Law Review, 21 (4), pp. 94-105.
Abstract: The International Centre for Settlement of Investment Disputes (ICSID) began its fourth-time Arbitration Rules amendment process on 7 October 2016. One of the issues currently being looked into is the scope of transparency and its expansion in the upcoming amendment. The public consultation for the process reveals that consultees are keen to see a greater level of transparency be brought into this arbitration dispute mechanism. In particular, the dispute process can involve host states, investors, home states and the public. Many speculations were expressed on this issue. However, not until April 2018, one gets a glimpse of how the working paper group may address the issue of transparency at the Charles N.Brower Lecture on International Dispute Resolution on 5 April 2018 given by, and at a later interview with Ms. Meg Kinnear, the Secretary General of ICSID. The speech indicates that the consideration on the issue of transparency is “public confidence”. This is different from the ethos of “the public’s right to know” instilled in the Transparency Rules. This article analyses the transparency issue from the language used in the interview to formulate a view on how this issue would be and could be treated in the amendment.
Rights: This item has been embargoed for a period. During the embargo please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study. This is a pre-copyedited, author-produced version of an article accepted for publication in International Arbitration Law Review. The definitive published version Yu H (2018) Transparency Issue in the Amendment of ICSID Arbitration Rules - Public Right to Information vs Public Confidence, International Arbitration Law Review, 21(4), 94-105 is available online on Westlaw UK or from Thomson Reuters DocDel service.

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