One common critique of investor-state dispute settlement (or "ISDS") under investment treaties is that the process allows disputes with important public policy implications to be resolved behind closed doors. But, with recent actions by the United Nations Commission on International Trade Law (UNCITRAL) to increase transparency in ISDS, there is an opportunity to minimize this concern. In July 2013, UNCITRAL adopted a set of rules – the Rules on Transparency in Treaty-Based Investor-State Arbitration ("Transparency Rules") — to provide a template for opening up these proceedings to public view, and to give amicus curiae and the investors’ home state greater clarity regarding their ability to participate in the disputes. More recently, in July 2014, UNCITRAL adopted a treaty (the "Mauritius Convention on Transparency") that governments can ratify in order to ensure wide application of the Transparency Rules. The Mauritius Convention will be open for signature in March 2015. This free CLE session will take place at Columbia Law School, and will be led by Lee Caplan, Partner, Arent Fox LLP. This free CLE session will provide governments, investors, and other interested stakeholders with an overview of the Transparency Rules, the Mauritius Convention on Transparency, and what these instruments mean for them.
