Among the numerous criticisms leveled at investor-state arbitration over the years, it has almost become de rigueur to point out a lack of transparency. In this arena “transparency” refers to the extent to which the public may be aware of the existence of a dispute, have access to key arbitral documents, or attend oral hearings.
Fernando Dias Simões,
Clandestine Awards, Information Asymmetries, and Equality of Arms in Investment Arbitration,
2021 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2021/iss2/8