Topic: Transparency

Zoe O’Sullivan KC, barrister and arbitrator at Serle Court in London, argues that the Law Commission’s provisional conclusion not to adopt a statutory code of confidentiality in the English Arbitration Act is pragmatic and sensible.

18 October 2022

Gary Shaw of Pillsbury in Washington, DC, considers the recent amendments to ICSID’s transparency rules that took effect at the start of this month, arguing they provide greater access to arbitration while preserving party control.

13 July 2022

ICSID has released its new rules for investment disputes, which will take effect in a week’s time – bringing to an end what it calls the “most significant procedural modernisation” in its history.

23 June 2022

Football club Manchester City has failed to block publication of arbitration-related court rulings shedding light on the English Premier League’s still-pending investigation of its financial dealings.

22 July 2021

UPDATED. Following a lengthy debate involving prominent lawyer-peers in the UK, the House of Lords has agreed that a requirement that its members declare work and earnings from governments of foreign states in a register of interests should override the duty of confidentiality that counsel and arbitrators owe to their clients.

21 April 2021

The ICC has joined forces with legal tech company Jus Mundi to provide free access to publishable ICC awards.

06 April 2021

A Singapore judge has refused to allow India to cross-disclose documents between two related BIT cases arising from multibillion-dollar tax demands – affirming that the general obligation of confidentiality in arbitration under Singapore's common law extends to investment treaty cases.

16 October 2020

A Trinidadian activist is to be granted access to witness statements submitted in an LCIA arbitration after the Privy Council ruled he had an arguable case that their disclosure was in the public interest.

05 June 2019

The Mauritius Convention on Transparency has entered into force today after being ratified by Mauritius, Canada and Switzerland – meaning a commitment to transparency will become part of the treaty-based investor-state dispute settlement regime of these three states.

18 October 2017

The Vienna International Arbitration Centre has become the latest institution to start publishing the names of arbitrators hearing its cases - following the example of the ICC International Court of Arbitration and Milan Arbitration Chamber.

08 September 2017