find the latest legal job
Part Time Risk & Compliance Officer
Category: Other | Location: Brisbane QLD 4000
· Brisbane City · Flexible Part Time Hours
View details
Infrastructure Lawyer/SA
Category: Construction Law | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Global elite law firm · Dedicated Infrastructure team
View details
In-House Legal Counsel (Mid to Senior)| Regulated Markets (Energy and Gas)
Category: Generalists - In House | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Full PD on Request · Exciting High Impact Role
View details
Family Lawyer
Category: Family Law | Location: Eastern Suburbs Melbourne VIC
· Boutique Firm · Great Reputation
View details
Infrastructure Lawyers
Category: Construction Law | Location: All Perth WA
· We'd be particularly interested to hear from you if you were a lawyer who knows your way around the infrastructure and energy sectors.
View details
KWM lawyers advise on arbitration convention

KWM lawyers advise on arbitration convention

Australia has signed the Mauritius Convention on transparency in arbitrations, with two lawyers from King & Wood Mallesons Australia participating in the negotiations.

Australia signed the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (Mauritius Convention) earlier this month.

The Mauritius Convention will come into force on 18 October 2017, with the aim of extending the reach of the United Nations Commission on International Trade Law (UNCITRAL) Transparency Rules (Transparency Rules).

The Transparency Rules took effect in 2014, and are intended to improve transparency in arbitrations between investors and states conducted under the UNCITRAL Arbitration Rules. The Transparency Rules include provisions for open hearings, the publication of documents and the opportunity for third parties to make submissions, whereas investor-state arbitrations under the UNCITRAL Arbitration Rules traditionally have elements of confidentiality.

However, the Transparency Rules only apply automatically to disputes arising from treaties concluded after 1 April 2014. For arbitrations commenced before this date, the Transparency Rules only apply if either the parties to the relevant treaty or the parties to the arbitration agree to their application.

According to KWM, the latter group could include over 3,000 bilateral investment treaties. The Mauritius Convention aims to extend the scope of the application of the Transparency Rules to all treaty-based investor-state arbitrations, irrespective of when they are concluded. 

KWM partners Alex Baykitch AM and Daisy Mallett participated in the negotiation of the Mauritius Convention and the Transparency Rules as part of the Australian government delegation.

“Investor-state arbitration has and continues to be the subject of scrutiny by governments and civil society around the world,” said Mr Baykitch.

“The involvement of a state as a party to an arbitration under an investment treaty is a matter of public importance.

“Typically, investor-state arbitration poses significant potential liability to a state’s finances, and its citizens have an interest in understanding the nature of the dispute, which often involve allegations by the foreign investor of misconduct on the part of the state or one its officials.”

Ms Mallett said the Mauritius convention will give citizens the opportunity to engage directly in the arbitration of investor-state disputes.

“The widespread adoption of the convention should ensure that states and their citizens will have greater insights and understanding of the investor-state arbitral process, and the reasons why their government may be involved in one of these types of disputes,” she said.

“More importantly the convention, by extending the application of the Transparency Rules to investor-state arbitrations, will provide citizens of states involved in such a dispute with an opportunity to be directly involved in the arbitration by making submissions as an affected or interested third party.”

Former Commonwealth solicitor-general Justin Gleeson SC recently said Australian arbitrators are set to see dramatic changes in their practice.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

KWM lawyers advise on arbitration convention
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Nov 22 2017
‘Document tsunami’ driving lawyers to upskill in TAR
A prominent Victorian judge has highlighted the growing need for lawyers to expand their knowledge o...
Defamation expert appointed to lead Victorian Bar
Nov 22 2017
Defamation expert appointed to lead Victorian Bar
The Victorian Bar has named Dr Matt Collins QC as its new president, with an additional eight member...
Law Council of Australia
Nov 21 2017
LCA calls for urgent adoption of ‘game-changing’ recommendation
The Law Council of Australia has urged for the immediate adoption of a key recommendation put forwar...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...