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Mauritius Convention on Transparency (2014)

Resolution adopted by the General Assembly on 10 December 2014

[on the report of the Sixth Committee (A/69/496)]
69/116. United Nations Convention on Transparency in Treaty-based Investor-State Arbitration
The General Assembly,
Recalling its resolution 2205 (XXI) of 17 December 1966, by which it established the United Nations Commission on International Trade Law with a mandate to further the progressive harmonization and unification of the law of international trade in the interests of all peoples, in particular those of developing countries, in the extensive development of international trade,
Recalling also its resolution 68/109 of 16 December 2013, in which it recommended the use of the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration1 and the UNCITRAL Arbitration Rules (as revised in 2010, with new article 1, paragraph 4, as adopted in 2013),2
Recognizing the need for provisions on transparency in the settlement of treaty-based investor-State disputes to take account of the public interest involved in such arbitrations,
Believing that the Rules on Transparency contribute significantly to the establishment of a harmonized legal framework for a fair and efficient settlement of international investment disputes, increase transparency and accountability and promote good governance,
Recalling that, at its forty-sixth session, in 2013, the Commission recommended that the Rules on Transparency be applied through appropriate mechanisms to investor-State arbitration initiated pursuant to investment treaties concluded before the coming into effect of the Rules on Transparency, to the extent that such application is consistent with those investment treaties, and that the Commission decided to prepare a convention that was intended to give those States that wished to make the Rules on Transparency applicable to their existing investment treaties concluded before 1 April 2014 an efficient mechanism to do so, without creating any expectation that other States would use the mechanism offered by the convention,3
Acknowledging that the Rules on Transparency might be made applicable to investor-State arbitration initiated pursuant to investment treaties concluded before 1 April 2014 by means other than a convention,
Recognizing that all States and interested international organizations were invited to participate in the preparation of the draft convention either as members or as observers during the forty-seventh session of the Commission, with full opportunity to speak and make proposals,
Noting that the preparation of the draft convention was the subject of due deliberation in the Commission and that the draft convention benefited from consultations with Governments and interested intergovernmental and international non-governmental organizations,
Noting with satisfaction that the text of the draft convention was circulated for comment to all States Members of the United Nations and intergovernmental organizations invited to attend the meetings of the Commission as observers, and that the comments received were before the Commission at its forty-seventh session,4
Taking note with satisfaction of the decision of the Commission at its forty-seventh session to submit the draft convention to the General Assembly for its consideration,5
Taking note of the draft convention approved by the Commission,6
Expressing its appreciation to the Government of Mauritius for its offer to host a signing ceremony for the Convention in Port Louis,
1. Commends the United Nations Commission on International Trade Law for preparing the draft convention on transparency in treaty-based investor-State arbitration;
2. Adopts the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, contained in the annex to the present resolution;
3. Authorizes a ceremony for the opening for signature of the Convention to be held in Port Louis on 17 March 2015, and recommends that the Convention be known as the "Mauritius Convention on Transparency";
4. Calls upon those Governments and regional economic integration organizations that wish to make the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration applicable to arbitrations under their existing investment treaties to consider becoming a party to the Convention.
68th plenary meeting
10 December 2014.


1Official Records of the General Assembly, Sixty-eighth Session, Supplement No. 17 (A/68/17), chap. III and annex I.
2 Ibid., chap. III and annex II.
3 Ibid., para. 127.
4 See A/CN.9/813 and Add.1.
5 Official Records of the General Assembly, Sixty-ninth Session, Supplement No. 17 (A/69/17), para. 106.
6 Ibid., annex I.
Import: