2016.ANA METIN ingilizce.01

tions to transparency (confidential and protected information) and

finally repository of published information

Scope of Application

Pursuant to Article 1, the Rules apply to investor- state disputes

based on a treaty concluded on or after 1 April 2014 unless Parties to

the treaty opted out the Rules on transparency. Parties can “opt out” the

application of the Rules by clearly stating that the Rules shall not apply

or can refer to the UNCITRAL Arbitration Rules as adopted in 1976.

In order to apply the Rules to the treaties concluded before April

1, 2014, the Parties to an arbitration shall agree to apply such Rules or

Parties to a treaty shall agree to their application after April 1, 2014. In

other words in order to apply the Rules after April 1, 2014 Parties

should “opt into” the Rules.

It should be noted that disputing parties are not allowed to dero-

gate from the Rules by an agreement or in another way unless permit-

ted by the treaty

The Rules can also be adopted into the arbitrations which are not

governed by UNCITRAL Arbitration Rules such as to the arbitrations

governed by Permanent Court of Arbitration (PCA) and the

International Centre for Settlement of Investment Disputes (ICSID)

Discretion of the Arbitral Tribunal

The Rules provide specific regulations on arbitral tribunals’ dis-

cretion. In using such discretion the arbitral tribunal must take into

account certain measures, these are public interest as well as the inter-

est of the disputing parties’ in a fair resolution

. Pursuant to Article

3(b) of the Rules the arbitral tribunal by providing the consent of the

disputing parties can adopt provisions of the Rules to the specific dis-

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NEWSLETTER 2015

For the text of the Rules, see

transparency/Rules-on-Transparency-E.pdf.

See Article 1(3) of the Rules.

See A/68/ 17 para. 18-22.

See Article 4 of the Rules.