TY - CHAP

T1 - Transparency and Representation of the Public Interest in Investment Treaty Arbitration

AU - Asteriti, Alessandra

AU - Tams, Christian

PY - 2011/1/1

Y1 - 2011/1/1

N2 - This chapter addresses one of the crucial tensions facing modern investment arbitration: that between confidentiality and privacy, on the one hand, and transparency and inclusiveness, on the other. It begins by reviewing how investment arbitration frameworks have addressed this tension so far, noting the traditional focus on confidentiality and privacy and the more recent trend towards transparency and inclusiveness of proceedings before ICSID and/or NAFTA tribunals. The chapter then compares domestic public law approaches to questions of transparency and public interest representation. Having reviewed US, English, French, German, and Greek law, it shows that domestic public law seems to accept the principle of transparency and provides for various forms of indirect public interest representation (e.g., through amicus curiae briefs) but also different forms of public interest claims. While this approach cannot be directly transposed to investment arbitration, it clearly can, and arguably should, guide the approach of investment lawyers.

AB - This chapter addresses one of the crucial tensions facing modern investment arbitration: that between confidentiality and privacy, on the one hand, and transparency and inclusiveness, on the other. It begins by reviewing how investment arbitration frameworks have addressed this tension so far, noting the traditional focus on confidentiality and privacy and the more recent trend towards transparency and inclusiveness of proceedings before ICSID and/or NAFTA tribunals. The chapter then compares domestic public law approaches to questions of transparency and public interest representation. Having reviewed US, English, French, German, and Greek law, it shows that domestic public law seems to accept the principle of transparency and provides for various forms of indirect public interest representation (e.g., through amicus curiae briefs) but also different forms of public interest claims. While this approach cannot be directly transposed to investment arbitration, it clearly can, and arguably should, guide the approach of investment lawyers.

KW - Law

KW - Investment Arbitration

KW - confidentiality

KW - transparency

KW - public interest representation

KW - standing

KW - judicial review

KW - amicus curiae

KW - briefs

KW - privacy

KW - inclusiveness

KW - locus standi

UR - http://www.scopus.com/inward/record.url?scp=84920485933&partnerID=8YFLogxK

U2 - 10.1093/acprof:oso/9780199589104.003.0025

DO - 10.1093/acprof:oso/9780199589104.003.0025

M3 - Chapter

SN - 978-0-19-958910-4

SP - 787

EP - 816

BT - International Investment Law and Comparative Public Law

A2 - Schill, Stephan W.

PB - Oxford University Press

CY - Oxford

ER -