Investor Presentaiton
74
INVESTOR-STATE DISPUTE SETTLEMENT: A SEQUEL
Confidentiality,
transparency
and third party
participation
No recourse to
domestic courts for
provisional measures
during the proceeding
unless the parties
agree otherwise.
Due to the public
registry, the existence
of all disputes is
known, as well as the
economic sector to
which the dispute
relates, the names of
the appointed
arbitrators and the
counsel representing
the disputing parties.
Non-parties can attend
the hearings in the
absence of objections
from either of the
parties.
Any disputing party
can make an arbitral
award public. In any
event, ICSID may
publish excerpts of the
legal reasoning of the
tribunal.
Has a mechanism for
amicus curiae
In addition, interim
relief can be sought
through a domestic court
of the seat of arbitration.
Usually characterized by
the higher level of
confidentiality typical
for commercial
arbitration. The very
existence of a dispute
can be kept secret if both
parties so wish. The law
of the seat of arbitration
can impose additional
confidentiality
requirements.
Arbitral hearings are
closed unless the parties
agree otherwise.
The final award can be
published only with
consent of both parties
(1976 Rules) or "where
and to the extent
disclosure is required of
a party by legal duty, to
protect or pursue a legal
right or in relation to
legal proceedings before
a court or other
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