Originally from World Arbitration And Mediation Review (WAMR)

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PRIVATIZATION OF PUBLIC SERVICES: UNCITRAL AND TRANSPARENCY

I. UNCITRAL AND ITS ROLE IN INTERNATIONAL ARBITRATION
The United Nations Commission on International Trade Law
(“UNCITRAL”) has significantly influenced the development of arbitration
procedure at an international level.1 While UNCITRAL passed its original
Arbitration Rules in 1976, the Commission recently determined that
“priority [must] be given to a revision of the UNCITRAL Arbitration
Rules.”2 The revisions are scheduled to be completed by 2008.3

II. AN IMPETUS FOR INCREASED TRANSPARENCY
An essential characteristic of the UNCITRAL Arbitration Rules is
flexibility.4 Article 15(1) of the Rules stipulates that “[s]ubject to these
Rules, the arbitral tribunal may conduct the arbitration in such manner as it
considers appropriate, provided that the parties are treated with equality and
that, at any stage of the proceedings, each party is given a full opportunity of
presenting his case.”5
While flexibility is a key feature that should be maintained, the need for
increased transparency of the arbitral proceedings is one possible area for
reform.6 Governments have increasingly privatized some of their crucial
functions at both a national and international level.7 While such a shift to