CWR > Volume 1(1); 2015 > Articles
Research Paper
Published online: March 1, 2015
DOI: http://dx.doi.org/10.14330/cwr.2015.1.1.01
Transparency Standards in International Investment Agreement Negotiations: A Chinese Lawyer's Perspective on the UNCITRAL Rules
Qingjiang Kong
China University of Political Science and Law
25 Xitucheng Road, Haidian District, Beijing, China
Corresponding Author: qkong2000@cupl.edu.cn
Yilin Wang
China University of Political Science and Law.
ⓒ Copyright YIJUN Institute of International Law. This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
The 47th Session of the UNCITRAL finalized the draft Convention on Transparency in Treaty-based Investor-State Arbitration. It aims to provide a mechanism to allow the UNCITRAL Rules on Transparency to be applied to investment dispute arbitrations mandated by investment treaties concluded before April 1, 2014. This paper intends to examine these UNCITRAL Rules on Transparency and the draft Convention on Transparency. It is particularly in contrast with the relevant rules in the NAFTA, the U.S. Model BIT 2012 and the ICSID Rules 2006, to see if transparency can be enhanced in treaty-based investor-State arbitrations and to extrapolate the implications of the Rules on Transparency and the draft Convention for China's strategy in BIT or FTA negotiations amid the trendy advancement of transparency standards.
Keywords : Rules on Transparency, Transparency Convention, Treaty-based investor-State disputes arbitration; Arbitration rules
