| Abstract [eng] |
This work is devoted to the development of the concept of transparency in the history of arbitration, mainly in investment arbitration, international commercial arbitration and considering the role of the EU and the European approach to the development of the concept of transparency. The work does not specify the definition of transparency as such, and it is not clear whether it is a principle, concept, or trend. However, based on general knowledge of the theory of law, the main features of the principle of law is that they are explicit statement of essential features and values inherent in a certain system of law; have the most general character; determine the content of the system of law and its system units, as well as the direction of their further development; has priority over the rules of law; compared to legal norms, are more stable. In other words, they remain unchanged for a long time, are usually indicated in external sources of law and an important form of their identification is judicial practice. Therefore, at this stage, it can be argued that transparency cannot be seen as a principle, but rather as a concept and a general trend. Despite the fact that the content of transparency is not clearly defined, the analysis showed that the following are usually understood as elements of a transparent arbitration process: access to hearings, amicus curiae, publication of decisions, etc. In investment arbitration, transparency is enshrined in certain documents, as The UNCITRAL Rules of Transparency and Mauritius Convention, which gives expectations that in the future transparency might be fixed as a principle. In commercial arbitration, the definition of transparency is very narrowly understood, and it is very doubtful that it will become a principle of commercial arbitration. |
