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UNCITRAL Transp  
UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (2013)

ZivilrechtZivilprozessrecht

Schiedsverfahrensrecht

  1. After consultation with the disputing parties, the arbitral tribunal may allow a person that is not a disputing party, and not a non-disputing Party to the treaty (“third person(s)”), to file a written submission with the arbitral tribunal regarding a matter within the scope of the dispute.
  2. A third person wishing to make a submission shall apply to the arbitral tribunal, and shall, in a concise written statement, which is in a language of the arbitration and complies with any page limits set by the arbitral tribunal:
(a) Describe the third person, including, where relevant, its membership and legal status (e.g., trade association or other non-governmental organization), its general objectives, the nature of its activities and any parent organization (including any organization that directly or indirectly controls the third person);
(b) Disclose any connection, direct or indirect, which the third person has with any disputing party;
(c) Provide information on any government, person or organization that has provided to the third person (i) any financial or other assistance in preparing the submission; or (ii) substantial assistance in either of the two years preceding the application by the third person under this article (e.g. funding around 20 per cent of its overall operations annually);
(d) Describe the nature of the interest that the third person has in the arbitration; and
(e) Identify the specific issues of fact or law in the arbitration that the third person wishes to address in its written submission.
  1. In determining whether to allow such a submission, the arbitral tribunal shall take into consideration, among other factors it determines to be relevant:
(a) Whether the third person has a significant interest in the arbitral proceedings; and
(b) The extent to which the submission would assist the arbitral tribunal in the determination of a factual or legal issue related to the arbitral proceedings by bringing a perspective, particular knowledge or insight that is different from that of the disputing parties.
  1. The submission filed by the third person shall:
(a) Be dated and signed by the person filing the submission on behalf of the third person;
(b) Be concise, and in no case longer than as authorized by the arbitral tribunal;
(c) Set out a precise statement of the third person’s position on issues; and
(d) Address only matters within the scope of the dispute.
  1. The arbitral tribunal shall ensure that any submission does not disrupt or unduly burden the arbitral proceedings, or unfairly prejudice any disputing party.
  2. The arbitral tribunal shall ensure that the disputing parties are given a reasonable opportunity to present their observations on any submission by the third person.
Quelle: UNCITRAL
Import: