Research On Procedural Transparency In International Investment Arbitration

The essential attribute of arbitration,secrecy,is questioned for the reason of particularity of investment dispute.Transparency is introduced into investment arbitration as an exception.With the transparency becoming prominent,rules of international arbitration and friend of the court,rights of the non-disputing Parties information disclosure in bilateral investment treaty develop fast.However,imperfections still exist about relevant rules.Transparency is not a principle but an exception to secrecy.Due to its limited scope of application,the application of transparency should comply with the relevant principles,at the same time reasonable definition of public interest and confidential information should be made.This thesis is divided into four parts.The first part introduces the origin and meaning of the rules of transparency in investment arbitration.Investment arbitration specialty and the introducing of friend of court make the rules of arbitration and investment treaty make provision for transparency.Transparency in investment arbitration includes both Right to Know and Right to Participate.Right to Know depends on the opening of the arbitration process.The subjects of public participation are mainly non-government organizations.The second part illustrates the content of transparency in investment arbitration,and introducing the friend of court,non-disputing Parties participation and the opening of arbitration process,combining real cases and relevant arbitration rules and investment treaty.The third part focuses on the analysis of reasonable limits on transparency.Transparency of investment arbitration shall abide by two principles: no intervention on due process of two parties and reduce obstacles for the arbitration process.At the same time,public interest should be defined reasonably,and information should be kept as secret.Transparency should be within reasonable limits,avoiding exceeding the proper limits in righting a wrong.The fourth part tells how to react to the trend for China.Considering that Sino-US,Sino-Euro is under negotiation,a series of rules such as information opening,introducing of friend of court and information withholding shall be designed carefully.Apart from above,relevant rules shall be developed,and boost the non-government organizations to develop,to provide a favorable domestic circumstances.