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VOL. 4, ISSUE 1 (2022)
Research on the latest trends in the revision of ICSID arbitration rules on transparency
Authors
Zhou Xin-Jun, Deng Zhi-Shan, Niu Jing-Han
Abstract
The International Center for Settlement of Investment Disputes (hereinafter referred to as ICSID), as a permanent institution that specializes in settling investment disputes between the contracting states and the nationals of other contracting states, is the main platform for investor-host state dispute settlement mechanism. In a new round of ICSID arbitration rules revision starting from 2016, one of the main issues to deal with is to enhance transparency of the arbitration proceeding. The 2016 revision mainly focuses on the balance of confidentiality and openness. The arbitration tribunal’s discretion is relatively limited, considering the provisions regarding disclosure of documents and amicus curiae participation. The recently promulgated CIETAC International Investment Arbitration Rules is relatively conservative, and the rules are not detailed enough. Therefore, China may draw lessons from the ICSID arbitration rules 2016 revision. We should increase the scope and form of disclosure of documents and promote amicus curiae participation, establishing an open information management system by refining the transparency rules.
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Pages:7-12
How to cite this article:
Zhou Xin-Jun, Deng Zhi-Shan, Niu Jing-Han "Research on the latest trends in the revision of ICSID arbitration rules on transparency ". International Journal of Social Science and Humanities, Vol 4, Issue 1, 2022, Pages 7-12
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