CYIL Vol. 7, 2016

CYIL 7 ȍ2016Ȏ ABOUT RECENT DEVELOPMENTS IN A FURTHER AIM TO REFORM… Key words: Diplomatic espousal; the development of investor-State arbitration; Treaty-based Investor-State Arbitration; International Investment Agreements (IIAs); International Tribunal for Investments (ITI); Appeal Mechanism (AM); CIDS research paper; Opt-in Convention; the investor-State dispute settlement (“ISDS”); enforcement of an award. On the Author : Vojtěch Trapl is the Senior Partner of the Law Office Dr. Trapl a partner advokáti s.r.o. (Ltd.), advocate, Arbitrator, Vice-President of the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, Member of International Chamber of Commerce (ICC), Member of London Court of Arbitration in London (until 2013), Member of the Indian Arbitrators Association (Life Member), Arbitrator for the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC at the UCCI) in Kiev, Member of DIS (Deutsche Institution für Schiedgerichtsbarkeit) (until 2013), Arbitrator on the ICSID List of Arbitrators by the Czech Republic (2008-), Member of the Swiss Arbitration Association (ASA) (until 2013), Arbitrator on the List of Practitioners with the International Arbitration Court of the Economic Chamber of Austria (VIAC) Vienna In 2015 the UnitedNations Commission on InternationalTrade Law (UNCITRAL) noted during its forty-eighth session the ongoing, specifically coordination efforts of the Secretariat with organizations active in the field of international arbitration and conciliation. In relation to investor-State arbitration the UNCITRAL’ Secretariat was conducting a study on whether the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (“Mauritius Convention on Transparency” or “Mauritius Convention”) could provide a useful model for possible reforms in the field of investor-State arbitration. The study was conducted in conjunction with interested organizations, including the Center for International Dispute Settlement (CIDS), and joint research center of the Graduate Institute of International and Development Studies and the University of Geneva Law School. In that light, the UNCITRAL’ Secretariat was requested to report to the Commission at the above mentioned session with an update on this matter. The UNCITRAL’s secretariat made available a legal study drafted by a prominent investment arbitrator Ms. Gabrielle Kaufmann-Kohler and her fellow worker at the law firm Levy–Kaufmann-Kohler, Mr. Michele Potesta, not as an official document under its Notes. 1 This study, called a “CIDS research paper”, deals with a deep analysis of whether the Mauritius Convention on Transparency could be used as a model for implementing broader reform initiatives of the investor-State dispute 1 UNICITRAL Secretariat Notes A/CN.9/890 Settlement of commercial disputes: presentation of a research paper on theMauritius Convention onTransparency inTreaty-based Investor-State Arbitration as a possible model for further reforms of investor-State dispute settlement.

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