United Nations Commission on International Trade Law Rules on Transparency in Treaty-Based Investor-State Arbitration and Arbitration Rules (as Revised in 2010, with New Article 1, Paragraph 4, as Adopted in 2013)

A/RES/68/109View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, under agenda item 79 Report of the United Nations Commission on International Trade Law on the work of its 46th session, published in 2013.

What subjects does this mandate have?

4 subjects

Dispute Settlement International Commercial Arbitration International Trade Law Investments

What’s in this document?

4 operative paragraphs

Expresses its appreciation to the United Nations Commission on International Trade Law for having prepared and adopted the Rules on Transparency in Treaty-based Investor-State ArbitrationError: Reference source not found and the Arbitration Rules (as revised in 2010, with new article 1, paragraph 4, as adopted in 2013),Error: Reference source not found as annexed to the report of the Commission on the work of its forty-sixth session;⁵

⁵Official Records of the General Assembly, Sixty-eighth Session, Supplement No. 17 (A/68/17).

Requests the Secretary-General to publish, including electronically, and disseminate broadly the text of the Rules on Transparency, both together with the Arbitration Rules (as revised in 2010, with new article 1, paragraph 4, as adopted in 2013) and as a stand-alone text, and to transmit them to Governments and organizations interested in the field of dispute settlement;

Recommends the use of the Rules on Transparency in relation to the settlement of investment disputes within the scope of their application as defined in article 1 of the Rules, and invites Member States that have chosen to include the Rules in their treaties to inform the Commission accordingly;

Also recommends that, subject to any provision in relevant treaties that may require a higher degree of transparency than that provided in the Rules on Transparency, the Rules be applied through appropriate mechanisms to investor-State arbitration initiated pursuant to treaties providing for the protection of investors or investments concluded before the date of coming into effect of the Rules, to the extent that such application is consistent with those treaties.

Who adopted this document and its mandates?

What subjects does this mandate have?

What’s in this document?

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