<abstract xmlns="http://www.w3.org/1999/xhtml"><p>Important characteristics of commercial arbitration include privacy and confidentiality; nonetheless, in investor-state arbitration, most of the investment treaties or arbitral rules referred therein often seek to enhance transparency and public participation by introducing three new features to investment arbitration’s proceedings: public access to documents related to the arbitration, public access to hearings; and amicus curiae submission. Those provisions generally contain exceptions to maintain a balance between the public interest on the one hand, and the interest of the disputing parties on the other hand in the fair and efficient resolution of the dispute. The two treaties Viet Nam has recently concluded, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the EU-Viet Nam Investment Protection Agreement (EVIPA), have stipulated the procedural transparency requirements, which are in line with a new trend of development in international investment law. Although Viet Nam currently maintains confidentiality with regard to investor-state arbitration, the fact that Viet Nam has made international commitments on transparency promises benefits such as increasing public interest protection, improving governance and ensuring the right to information.</p></abstract>

Important characteristics of commercial arbitration include privacy and confidentiality; nonetheless, in investor-state arbitration, most of the investment treaties or arbitral rules referred therein often seek to enhance transparency and public participation by introducing three new features to investment arbitration’s proceedings: public access to documents related to the arbitration, public access to hearings; and amicus curiae submission. Those provisions generally contain exceptions to maintain a balance between the public interest on the one hand, and the interest of the disputing parties on the other hand in the fair and efficient resolution of the dispute. The two treaties Viet Nam has recently concluded, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the EU-Viet Nam Investment Protection Agreement (EVIPA), have stipulated the procedural transparency requirements, which are in line with a new trend of development in international investment law. Although Viet Nam currently maintains confidentiality with regard to investor-state arbitration, the fact that Viet Nam has made international commitments on transparency promises benefits such as increasing public interest protection, improving governance and ensuring the right to information.

Procedural Transparency in the Settlement of Treaty-Based Investment Disputes in EVIPA and CPTPP

Vietnamese Journal of Legal Sciences

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Important characteristics of commercial arbitration include privacy and confidentiality; nonetheless, in investor-state arbitration, most of the investment...

Procedural Transparency in the Settlement of Treaty-Based Investment Disputes in EVIPA and CPTPP

Publié en ligne: 14 oct. 2020

Pages: 58 - 75

DOI: https://doi.org/10.2478/vjls-2020-0010

Mots clés
transparency, investment treaties, investor-state arbitration, EVIPA, CPTPP

© 2020 Hai Yen Trinh et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Procedural Transparency in the Settlement of Treaty-Based Investment Disputes in EVIPA and CPTPP

Publié en ligne: 14 oct. 2020

Pages: 58 - 75

DOI: https://doi.org/10.2478/vjls-2020-0010

Mots cléstransparency, investment treaties, investor-state arbitration, EVIPA, CPTPP

© 2020 Hai Yen Trinh et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Mots clés
transparency, investment treaties, investor-state arbitration, EVIPA, CPTPP