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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.