CEU Electronic Theses and Dissertations, 2024
| Author | Grlic, Barbara |
|---|---|
| Title | The Tension between Transparency and Confidentiality in Investment Treaty Arbitration |
| Summary | Transparent investment arbitration is the road that should be followed. The question the thesis tries to answer is whether it is possible to establish a transparency regime suitable for all investment disputes regarding public hearings and access to documents. Protection of confidentiality within the realm of investment arbitration is often overshadowed by transparency to legitimize investment relationships in the eyes of the public. However, by insisting on transparency to prevail in any case, disputing parties’ autonomy and the tribunal’s discretion are being substantially limited. Insensitivity to the importance of confidentiality in investment disputes is a fertile ground for launching media campaigns against one of the parties, harming the reputation and ultimately driving the parties away from investment arbitration and investment itself. It is not surprising that high transparency standards set out in the recently adopted UNCITRAL Transparency Rules have not had much resonance yet with the states in their treaties and most successful arbitral institutions. Rather, legal and institutional frameworks and awards are adapting to the transparency trend carefully by saving parties’ autonomy and tribunals’ discretion. To resolve this tension between transparency and confidentiality in investment arbitration, the solution is to recognize the parties’ autonomy in choosing the suitable standard for their procedural relationship and recognize the tribunal’s discretion to decide on the existence of a public interest in case-by-case analysis. |
| Supervisor | Petsche, Markus |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2024/grlic_barbara.pdf |
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