The Rules on Transparency comprise a set of procedural rules that provide for transparency and accessibility to the public of treaty-based investor-State arbitration. They apply in relation to disputes arising out of treaties concluded prior to 1 April 2014, when Parties to the relevant treaty, or disputing parties, agree to their application. The Rules on Transparency apply in relation to disputes arising out of treaties concluded on or after 1 April 2014 ("future treaties"), when investor-State arbitration is initiated under the UNCITRAL Arbitration Rules, unless the parties otherwise agree. The Rules on Transparency are also available for use in investor-State arbitrations initiated under rules other than the UNCITRAL Arbitration Rules, and in ad hoc proceedings.
Consistent with the aim to enhance transparency in treaty-based investor-State arbitration, the Transparency Registry publishes information and documents where:
- The Rules on Transparency (whether or not as amended by the Parties to the treaty) apply pursuant to article 1 of the Rules; or
- The Transparency Registry is appointed for the publication of information and documents in treaty-based investor-State arbitration, either by Parties to an investment treaty or by the parties to a dispute.