Claudia ReithProzessuale Transparenz in der Investitionsschiedsgerichtsbarkeit

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Investor-state arbitration has become the generally recognized method for resolving disputes between foreign investors and states. Nonetheless, in recent years investor-state arbitration has been increasingly criticized. One major point of criticism concerns the application of the principles of privacy and confidentiality, which have originally been developed in the context of commercial arbitration. The objective of this book is to analyse thoroughly the need for transparency in investment arbitration. In view of the legal fragmentation of international investment law and the therewith associated complexity, this book is highly valuable. Initially, the book addresses the issue whether the need for transparency is legally required from the viewpoint of international law. Further, the scope of application of the two principles confidentiality and privacy is discussed by considering the relevant case-law and legal literature. The study further analyses whether provisions regulating procedural transparency already exist. The fragmented nature of investment law requires on the one hand an assessment of those arbitration rules, which apply most frequently to investor-state arbitration, and on the other hand a study of international investment treaties. The found provisions are compared and the similarities and differences are highlighted. The book concludes with selected case-law, which has been decisive for the normative developments until today.