Study Of Convention On Transparency In Treaty-based Investor-State Arbitration

Over the past three decades there has been a surge in the number of arbitrations under investment treaties. In tandem, international institutions have been under increasing pressure to become more transparent. It has been thought that transparency in their operations, including the process and outcomes of arbitration, would make legal institutions more legitimate and effective. Therefore, the arbitration mechanism of transparency reforms are concerned by the growing number of arbitration institutions. In particular the United Nations Commission on international trade law at its 47th session July 9,2014, for adoption by the General Assembly of the Treaty-based transparency of the investor-State Arbitration Convention transparency reforms pushed to a new stage. The Convention adopted by the United Nations General Assembly in December 2014,10, and opened for signature by States in March 17 2015 in Mauritius Port Louis, opened for signature by States. The Treaty will undoubtedly plays an important role in the settlement of disputes between investors and the State, as well as a greater degree of transparency and public involvement. China’s dual identity as both exporter and importer countries, should face up to the Convention on transparency’s value and carefully consider the challenges facing the domestic rule of law.Article except for the introduction and the conclusion is divided into four parts. Comparative analysis and practical research methods are used, Then combined with our international investment arbitration practice, state our position with regard to transparency and response.The first part is an overview of transparency in Treaty-based Investor-State Arbitration, the author explains the concept of transparency in international investment arbitration and further analysis of the need for increased transparency in international investment arbitration.The second part deals with transparency in international investment arbitration history and specific content. U.S. Model BIT, and transparency practices under NAFTA, as well as the representative of ICSID and UNCITRAL rules of transparency for comparative analysis of international regulation of transparency in international investment arbitration, specific situation of reform and development. The third part is the analysis and evaluation of main contents of the Convention on transparency. Author 11 provisions specific provisions of the Convention will be discussed separately, analysis shows that the bearer of value orientation of the Convention.Part IV discusses the position of our country and for the relevant measures to deal with the Convention. First is the current situation and practice of China’s international investment arbitration of international investment. By integrating the relevant practice of international investment arbitration analysis to enhance the transparency of significance for our country. Finally, it discusses the future treatment of the issue of transparency under the convention should do to prepare.