Fried Frank International Arbitration Newsletter, June 2013

New UNCITRAL Transparency Rules: the End of Confidentiality in Arbitration?

In a controversial move, government delegations at the Working Group II of the United Nations Commission on International Trade Law ("UNCITRAL") agreed during its 58th Session in February 2013 in New York City ("February 2013 Meeting") to adopt new transparency rules that will apply on a default basis to all future arbitration proceedings under bilateral investment treaties ("BITs") that use the UNCITRAL arbitration rules – unless the treaty parties expressly opt out of the new rules.

The new rules will provide for open oral hearings and the publication of key documents, including Notices of Arbitration, pleadings, transcripts, and all decisions and awards issued by the tribunal. However, the arbitrators still retain the discretion to keep some confidential information from public release. These new rules apply only to investor-state arbitrations under the UNCITRAL rules, which are the