Promoting Transparency in Investor-State Arbitration

Most investment treaties grant investors the procedural right to bring claims against governments through ISDS. Under the arbitration rules that commonly govern the ISDS proceedings, these disputes can remain hidden from public view from their commencement through conclusion. Committed to the belief that transparency in ISDS is fundamental for accountability, good governance, and the rule of law, elements which are, in turn, crucial for sustainable development, CCSI has been working to advance such transparency. 

Relevant work includes:

• Participating in the preparation of the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration and the Mauritius Convention on Transparency in Treaty-based Investor-State Arbitration;
• Providing comments on transparency in connection with efforts by the World Bank to reform ISDS; and
• Additional work and writing on the standards and importance of transparency in ISDS, including in settlement of ISDS cases (See here and here).