Investor Presentaiton
124
INVESTOR-STATE DISPUTE SETTLEMENT: A SEQUEL
States that have made information about disputes public have
ordinarily done so via official websites.
2. Open hearings
136
Civil society groups and others have also pressed for public
access to hearings. They have met with some success. Again Canada
and the United States have been the most receptive to providing
open hearings. For example, the Canadian Model BIT (2004)
provides:
"Article 38
Public Access to Hearings and Documents
1. Hearings held under this Section shall be open to the
public. To the extent necessary to ensure the protection of
confidential information, including business confidential
information, the Tribunal may hold portions of hearings in
camera.
2. The Tribunal shall establish procedures for the
protection of confidential information and appropriate
logistical arrangements for open hearings, in consultation
with the disputing parties."
The Canada-Czech Republic BIT of 2009 (Annex B.I.1)
contains a slight variation on this theme: hearings will be open to
the public when the Contracting Party determines that it would be in
the public interest, but portions of the hearing will be held in camera
to protect confidential information.
136 See, e.g., http://www.international.gc.ca/trade-agreements-accords-
commerciaux/topics-domaines/disp-diff/nafta.aspx?lang=eng (website of
Canada); http://www.state.gov/s/1/c3433.htm (website of the United
States).
UNCTAD Series on International Investment Agreements IIView entire presentation