UNCITRAL Rules on Transparency at the SCC
The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration may be applied in arbitrations under the SCC Rules, if so agreed by the parties.
The main rule in SCC cases is that, unless otherwise agreed by the parties, the SCC and the Arbitral Tribunal shall maintain the confidentiality of the arbitration and the award.
However, under Article 1(9) of the Rules on Transparency, the Rules of Transparency are available for use in investor-State arbitrations “initiated under rules other than the UNCITRAL Rules or in ad hoc arbitration proceedings”.
Parties may thus agree that the SCC arbitration shall be governed by the UNCITRAL Rules on Transparency.
The SCC does not act as repository under the Rules on Transparency, but refers parties and Tribunals to the UNCITRAL Transparency Registry, which is the central repository as foreseen under Article 8 of the Rules on Transparency.
The SCC may decide to increase the Advance on Costs under Article 45 of the SCC Rules to reflect a potential increase of expenses associated with the application of the Rules of Transparency. In so doing, the SCC will consult with the parties and the Arbitral Tribunal.