As we have previously reported, an UNCITRAL working group is considering proposals to amend the UNCITRAL arbitration rules in order to introduce greater transparency in investor/state disputes (see Legal updates, UNCITRAL working group - report of September meeting, Revisions to the UNCITRAL Arbitration Rules, UNCITRAL investor/state revisions put on hold).

The last meeting of the working group took place in early February. There was broad support for the principle of introducing greater transparency. However, views differed as to how this might best be achieved, with some delegates favouring amendments to the existing rules and others preferring the creation of a new set of rules, aimed specifically at investor-state disputes. The possibility of establishing a special working group to take this project forward is under consideration.

The final draft of the proposed revisions is to be submitted to the UNCITRAL Commission in 2009. We will continue to report on any future developments.