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

ZivilrechtZivilprozessrecht

Schiedsverfahrensrecht

Confidential or protected information
  1. Confidential or protected information, as defined in paragraph 2 and as identified pursuant to the arrangements referred to in paragraphs 3 and 4, shall not be made available to the public pursuant to articles 2 to 6.
  2. Confidential or protected information consists of:
(a) Confidential business information;
(b) Information that is protected against being made available to the public under the treaty;
(c) Information that is protected against being made available to the public, in the case of the information of the respondent State, under the law of the respondent State, and in the case of other information, under any law or rules determined by the arbitral tribunal to be applicable to the disclosure of such information; or
(d) Information the disclosure of which would impede law enforcement.
  1. The arbitral tribunal, after consultation with the disputing parties, shall make arrangements to prevent any confidential or protected information from being made available to the public, including by putting in place, as appropriate:
(a) Time limits in which a disputing party, non-disputing Party to the treaty or third person shall give notice that it seeks protection for such information in documents;
(b) Procedures for the prompt designation and redaction of the particular confidential or protected information in such documents; and
(c) Procedures for holding hearings in private to the extent required by article 6, paragraph 2.
Any determination as to whether information is confidential or protected shall be made by the arbitral tribunal after consultation with the disputing parties.
  1. Where the arbitral tribunal determines that information should not be redacted from a document, or that a document should not be prevented from being made available to the public, any disputing party, non-disputing Party to the treaty or third person that voluntarily introduced the document into the record shall be permitted to withdraw all or part of the document from the record of the arbitral proceedings.
  2. Nothing in these Rules requires a respondent State to make available to the public information the disclosure of which it considers to be contrary to its essential security interests.

Integrity of the arbitral process
  1. Information shall not be made available to the public pursuant to articles 2 to 6 where the information, if made available to the public, would jeopardize the integrity of the arbitral process as determined pursuant to paragraph 7.
  2. The arbitral tribunal may, on its own initiative or upon the application of a disputing party, after consultation with the disputing parties where practicable, take appropriate measures to restrain or delay the publication of information where such publication would jeopardize the integrity of the arbitral process because it could hamper the collection or production of evidence, lead to the intimidation of witnesses, lawyers acting for disputing parties or members of the arbitral tribunal, or in comparably exceptional circumstances.
Quelle: UNCITRAL
Import: