Signature Ceremony of the United Nations Convention on Transparency in Treatybased Investor-State Arbitration
The Signature ceremony of the United Nations Convention on Transparency in Treaty-based
Investor-State Arbitration (UN Convention on Transparency) will take place in Mauritius on
17 March 2015.
On 10 December 2014, the United Nations General Assembly, by its Resolution 69/116,
authorised the opening for signature of the Convention and approved that the Convention
be known as the “Mauritius Convention on Transparency”.
On the occasion of the signature ceremony, a one-day conference will be held under the
auspices of the Government of Mauritius and the United Nations Commission on
International Trade Law (UNCITRAL), which is the core legal body of the United Nations
system in the field of international trade law. The conference will be addressing, inter-alia,
investor-State arbitration and human rights, and arbitration and access to justice.
The UN Convention on Transparency is an instrument by which Parties to investment
treaties express their consent to apply the UNCITRAL Rules on Transparency in Treatybased Investor-State Arbitration to their existing investment promotion and protection
agreements (“IPPA”).
UNCITRAL undertook work on transparency in treaty-based investor State arbitration as
from 2010 and adopted the Rules on Transparency in Treaty-based Investor-State
Arbitration in 2013.
The Rules on Transparency comprise a set of procedural rules, which provide for
transparency and accessibility, to the public, of treaty-based investor-State arbitration.
Currently, most arbitrations between investors and States are conducted outside the public
spotlight.
However, those cases are often of public interest as they involve taxpayers'
money and disputes on issues of public interest, for instance, environmental or health
issues. Under the Rules on Transparency, information and documents in the arbitration
process are made public, subject to certain safeguards, including the protection of
confidential information.
Mauritius is proud to host this landmark event, during which the Mauritius Convention on
Transparency will be opened for signature. The holding of the event reflects the policy of
the Government to promote Mauritius as an international arbitration hub.
It also
demonstrates the contribution of Mauritius to the international discourse in favour of
upholding transparency as a tool for promoting effective democratic participation, good
governance and the rule of law.
Draft Programme
Signature Ceremony of the Mauritius Convention on Transparency
17 March 2015, Mauritius
10.00: 10.30 Opening Ceremony
10:00
Welcoming Statement by the Honourable Ravi YERRIGADOO
Attorney General of the Republic of Mauritius
10:15
Statements by:
Mr. Miguel de Serpa Soares , UN Legal Counsel and Under-Secretary for
Legal Affairs
Honourable Etienne SINATAMBOU
Minister of Foreign Affairs, Regional Integration and International Trade
10:30-12:00
Morning session:
Investor-State arbitration and human rights
Human rights and business related issues
- How to ensure that human rights norms and standards inform law-making related
to trade and investment at the national level, by a representative of the OHCHR / Working
Group on Business and Human Rights, by Mr. Michael K. Addo
- Transparency, accountability and access to information as important values in
treaty-based, investor-State arbitration, by Mrs. Gabrielle Kaufmann-Kohler
Current issues in the field of treaty-based investor-State arbitration
- Presentation of issues, by EU representative
- How the work of UNCITRAL on transparency will effectively contribute to address a
number of those issues, by Mr. James Castello
12:00-13:15
13:30-15:00
Buffet Lunch
Afternoon session:
Arbitration and access to justice
How to develop arbitration in a jurisdiction
- Law-making / New York Convention / Judiciary / Fair, efficient, accountable and
independent arbitration center] / Training resources
- Setting up of regional arbitration places: Mauritius, AALCO Arbitration Centers
[Cairo Regional Centre for International Commercial Arbitration - Kuala Lumpur Regional
Centre for Arbitration – by Mr. Sundra Rajoo
-The question of legal empowerment, by representatives of the IFC, presenting their
projects in selected regions
15:30-17:30:
Signing ceremony