Exemples d'utilisation de Transparency rules en Anglais et leurs traductions en Français
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It was also questioned how the transparency rules would operate in connection with article 1(3) of the UNCITRAL Arbitration Rules(as revised in 2010),
In addition, regarding future investment treaties, the transparency rules would apply if such treaties contained a reference to the UNCITRAL Arbitration Rules,
Views were expressed that delegations should not be forced to accept transparency rules either via a dynamic interpretation or otherwise,
Under one approach, the transparency rules would only apply to investment treaties concluded after the new rules come into force unless states or disputing parties agree otherwise.
The Working Group turned its attention to the possible exceptions to the transparency rules for the protection of confidential and sensitive information referred
the level of transparency would be assessed to determine which of the treaty provisions or the transparency rules would apply.
that it would not be appropriate to seek to provide for a rule of interpretation in the transparency rules.
rules was said to be an important matter,">as that notion constituted the gateway for applying the transparency rules.
involving only basic national treatment commitments and some transparency rules.
The proposed language under Article 1(6) does not incorporate situations in which exceptions will apply to undermine the objectives of the transparency rules.
insufficiently restrictive waivers on transparency rules.
The secretariat has also been asked to draft various pieces of text that could be used by governments to give their consent to the transparency rules in their existing investment treaties.
It was noted that reasons for holding a closed hearing could be treated as part of the possible exceptions to the transparency rules see below, paras. 67-72.
not publishing an award could be treated as part of the possible exceptions to the transparency rules see below, paras. 67-72.
In order to avoid application of the transparency rules to existing investment treaties without express consent of the parties, a suggestion was
Another proposal made was to include wording similar to that contained in article 1(3) of the transparency rules, in order to indicate that the arbitral tribunal should exercise its discretion to adapt the rules, with a view to ensure a fair and efficient resolution of the dispute.
Austria legislated pay transparency rules in 2011 and in 2015 carried out an evaluation of the implementation of these measures,
variant 2 on the basis that transparency rules should be drafted in line with the fundamental principle of public international law that States Parties to investment treaties should not be bound unless they explicitly consented in the investment treaty.
which aimed at permitting application of the transparency rules by the disputing parties where they so agreed,
including recommendations or a convention, and that the transparency rules should not apply to existing investment treaties,