Groningen Journal of International Law

International Law Under Construction


Leave a comment

The Mauritius Convention’s Entry Into Force: High Hopes with Little Impact?

By Erica Duffy, University of Groningenericaduffy10@gmail.com

There is a current trend in investor-State dispute settlement (ISDS) towards ensuring more transparent and open proceedings. This development is a direct response to the backlash in recent years from civil society, who often considers investment arbitration to lack legitimacy. One such initiative to increase transparency in ISDS are the UNCITRAL Rules on Transparency, which were adopted in order to provide for a straightforward mechanism for States to apply consistent standards in investor-State proceedings. The UN Convention on Transparency in Treaty-based Investor-State Arbitration (“The Mauritius Convention on Transparency”) will soon enter into force. The Convention makes the UNCITRAL rules compulsory for BITs and trade agreements with investment chapters that have been concluded in the past, thus, having the potential to simultaneously amend thousands of international investment agreements. In the first two years of its existence very few countries seem willing to ratify or even sign the Convention.  Continue reading