Study Of Transparency Reform In International Investment Disputes Arbitration

The question of transparency in international Investment Arbitration stems from North American Free Trade Agreement, Further developing in the Rules of Procedure for Arbitration Proceedings of the International Center for Settlement of Investment Disputes,and finally meeting the highest standard in Transparency Convention and Transparency rules. The transparency rules in international investment arbitration consists three aspects:Public on arbitration information, Supervision on arbitration procedure, Public on arbitration awards. International investment arbitration mainly involves People and Government, both of them are the different and unequal subjects and this reason become the important factor of transparency reform in future.When we study the questions of transparency reform in the area of international investment arbitration, we must touch upon the arbitration mechanism in NAFTA, ICSID and UNCITRAL. The revisions and the comparison of the arbitration rules under NAFTA, ICSID and UNCITRAL are the beginning and key of transparency reform of international investment arbitration, meantime the revisions of the original mechanism and the development of new rules are also the needs of arbitration practice and are also the answers for the ways to transparency reform. With the signature and public of<Transparency Rules> and <Transparency Convention>, Transparency Rules has become an inevitable question in the area of international investment. But confidentiality is still a fundamental principle for arbitration, to what extent we can change the question and to what extent we can break through it still need to think over carefully. Meantime to introduce the transparency principle, this paper still analyzes the game between confidentiality and transparency, in the end it come back to the practice of China.The first part of the paper mainly analyze the question of transparency of international investment disputes arbitration in the perspective of legal principle and point out the value orientation of transparency research and the rationality of promoting the transparency in international investment arbitration, so that conclude the way for coming true the purpose of improving the transparency in international arbitration. Although transparency reform is the trend of international investment arbitration, we still think over how to reform and how to adopt the transparency deeply.The second part of the paper analyze the systems and relative cases and lay emphasis on the studying of Transparency Rules and Transparency Convention and describe the standards of them. The paper anticipates that provide some experience on the arbitration practice in China. Meantime this part still analyzes the influence of transparency practice for investment practice and the new development of investment convention. Both the bilateral and multilateral investment convention will largely reflect the transparency reform.And then the third part of the article is to analyze the game of the principle of transparency and confidentiality. This part overthrow the principle of confidentiality for analyzing the establishing of internationally and uniformly applicable standard. This part still analyze different attitudes for transparency reform.The last part comes back to the influence of transparency reform for investment practice, and it mainly consists of the effects on the BITS and other conventions of China. Finally the paper put forth the suggestions for China to participate in the transparency reform.Above all, this dissertation analyzes the transparency reform and influence deeply through comparative analysis, and thoroughly Combines empirical research with theoretical research. In the end, the paper comes back to the questions of the legislation and judicial practice and wishes that the completion of legislation and investment practice in China will benefit from this paper.