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ARTICLE · 25 AUGUST 2017

The Mauritius Convention On Transparency: The Potential Impact On Canadian Investors

McCarthy Tétrault
McCarthy Tétrault
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Investor-state arbitration has often come with the expectation that proceedings will remain private and confidential, resulting in the greater possibility of a de-politicized and evidence-based mechanism of dispute resolution.

CanadaLitigation, Mediation & Arbitration
Junior Sirivar
Junior Sirivar
Leah Ostler
Leah Ostler
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BACKGROUND

Investor-state arbitration has often come with the expectation that proceedings will remain private and confidential, resulting in the greater possibility of a de-politicized and evidence-based mechanism of dispute resolution. This method of dispute resolution is relevant today more than ever, as the forces of globalization drive increased foreign direct investment. Bilateral and multilateral investment treaties and contracts cross borders, impacting governments, foreign investors, citizens, and the environment. The confidential nature of investor-state arbitration is not universally applied, however, and it is often one of the criticisms lodged against the Investor-State Dispute Settlement ("ISDS") regime.

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