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DRAFT RECOMMENDATION (07011/2024 – C100080/2024 – 2015/0012(NLE))

On the draft Council decision on the conclusion, on behalf of the European Union, of the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration

INTA-PR-765122

Committee on International Trade · Rapporteur: Anna Cavazzini

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

The draft report recommends that Parliament consent to the EU concluding the UN Mauritius Convention on Transparency in Treaty-based Investor-State Arbitration, which increases public access to documents and hearings in investor-state disputes. It explains that the Convention applies the UNCITRAL Transparency Rules to investment treaties concluded before 1 April 2014, requiring public documents, open hearings, and civil society submissions. Ratification is seen as a first step towards broader reform, including a Multilateral Investment Court, and its method should be replicated in other contexts.

Committee position. The rapporteur recommends that Parliament give its consent to the conclusion of the agreement.

Key points

  1. Parliament gives its consent to the conclusion of the agreement.
  2. The Convention marks a step towards greater public access to documents and hearings, and inclusion of civil society in investor-state disputes.
  3. Under common arbitration rules, disputes can remain hidden from public view; one party can demand secrecy even when cases target democratically decided measures and lead to large awards.
  4. The Convention facilitates application of UNCITRAL Transparency Rules to investment treaties concluded before 1 April 2014, requiring public documents, open hearings, and submissions by interested parties.
  5. The Convention retroactively applies to older treaties without renegotiation, covering approximately 1,200 agreements involving EU Member States; the Energy Charter Treaty is the only treaty covered at EU level.
  6. Ratifying the Convention is a first step in broader reform towards a Multilateral Investment Court; its method should be replicated, for instance in OECD work to align investment treaties with Paris Agreement climate goals.

Who is affected

  • Investors and states involved in disputes under investment treaties concluded before 2014 will face increased transparency requirements.
  • Civil society organisations may make submissions to tribunals in such disputes.

Figures and deadlines

  • 1 April 2014: date before which investment treaties are covered by the Convention.
  • Approximately 1,200 agreements involving EU Member States fall under the scope of the Convention.

Legal basis: Article 207(4) first subparagraph and Article 218(6) second subparagraph, point (a) of the Treaty on the Functioning of the European Union