Update on UNCITRAL Working Group II meeting

We’ve reported a few of times on investment treaty arbitrations (the Argentina v. BG Group case, and the judicial assistance applications arising out of the Lago Agrio litigation, here and here). These arbitrations raise issues of public concern that are typically not present in traditional private arbitration, and therefore, there has been talk of a move away from the usual default assumption of confidentiality that generally applies in the arbitration field. Professor Hunter at the Kluwer Arbitration Blog provided a good overview of the issue in a September 2010 post.

UNCITRAL Working Group II, which deals with arbitration and conciliation, is set to address the issue of transparency in investment treaty arbiration in New York beginning on February 7. You can find all of the relevant preparatory materials at UNCITRAL’s website. If anyone has updates on what happens at the meeting, I’d be happy to publish them, with or without attribution; please use the Contact page.

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. He is the author of International Judicial Assistance (MCLE 2012), a nuts-and-bolts guide to international judicial assistance issues, and of the chapter on service of process in the ABA's forthcoming treatise on International Aspects of US Litigation, and he is the publisher of Letters Blogatory, the Web's first blog devoted to international judicial assistance, which the ABA recognized as one of the best 100 legal blogs in 2012, 2014, and 2015.

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