UNCITRAL Rules on Transparency

Unless otherwise agreed by the parties, the SCC and the Arbitral Tribunal shall maintain the confidentiality of the arbitration and award in SCC cases.

Parties may however agree that the SCC arbitration shall be governed and supplemented by the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (2014).

States may also agree that the UNICTRAL Rules on Transparency shall apply to investor-State arbitration under the Convention on Transparency in Treaty-based Investor-State Arbitration (the Mauritius Convention). Mauritius Convention entered into force on 18 October 2017 and is therefore applicable to the States that have ratified it.

UNCITRAL Rules on Transparency

Convention on Transparency in Treaty-based Investor-State Arbitration (the Mauritius Convention)

Practice Note: Mauritius Convention and UNCITRAL Rules on Transparency in SCC cases

Comments of arbitral institutions on the interplay between the draft rules on transparency and their institutional rules

Information to be made available to the public under the Rules on Transparency shall be published by a central repository, a function undertaken by the Secretary-General of the United Nations, through the UNCITRAL secretariat. Information shall be published via the UNCITRAL website.

The SCC does not act as repository under the Rules on Transparency, but refers parties and Tribunals to the UNCITRAL Transparency Registry.

UNCITRAL Transparency Registry

The SCC may decide to increase the Advance on Costs under Article 45 of the SCC Rules to reflect a potential increase of expenses associated with the application of the Rules of Transparency. In so doing, the SCC will consult with the parties and the Arbitral Tribunal.

States may also agree that the UNICTRAL Rules on Transparency shall apply to investor-State arbitration under the Convention on Transparency in Treaty-based Investor-State Arbitration (the Mauritius Convention).