Transparency and Procedural Integrity of Arbitration - The Biwater Tribunal's Balancing Act
Article from: TDM 5 (2006), in Procedure, Advocacy, Strategy and Tactics in Arbitration
Introduction
In the last few years there has been increasing discussion about the extent of transparency an investment treaty arbitration should be subject to. Given that investment treaty arbitrations usually, although not necessarily, concern large investment projects, public and media interest is inevitable. In a recent Procedural Order in Biwater Gauff (Tanzania) Ltd v. United Republic of Tanzania [1] the tribunal (Gary Born, Toby Landau and Bernard Hanotiau) discussed, at length, the pros and cons of transparency and took a robust approach to the issues. They achieved ...