As we have previously reported (see Legal updates, Proposed revisions to UNCITRAL rules for state arbitrations, Report on latest discussions of proposed amendments to UNCITRAL rules), the increasing use of the UNCITRAL rules in investor-state arbitrations has led to calls for provision for increased transparency. Over the last year, the UNCITRAL arbitration working group has considered proposed revisions of the rules, including, for example, public notice of arbitral proceedings, public access to documents and awards, open hearings and amicus curiae briefs. These discussions have proceeded in parallel with a more general overhaul of the rules.

Despite the general acceptance that increased transparency is appropriate in investor/state disputes, the working group has encountered a number of issues upon which consensus has been difficult to achieve. The UNCITRAL Commission has now indicated that the proposed "transparency" revisions should be put on hold for present. The working group will continue to work on the proposed generic revisions to the rules, and only when these are complete will it return to the question of transparency. At the ICC International Arbitration Practitioner's Symposium (held on 3 July 2008 at the offices of Norton Rose), Toby Landau QC indicated that it was now unclear whether the two projects will be completed at the same time.

We will continue to report on the proposed revisions.