Confidentiality provisions in investment treaties, such as Article 48(5) of the ICSID Convention, preclude public disclosure of arbitral decisions and awards, unless all parties to the arbitration consent. Decisions and awards that have been publicly disclosed may be accessed through multiple sources.
For arbitrations administered by ICSID, the free ICSID case law database is the most comprehensive source. For arbitrations administered by other arbitral institutions and ad hoc arbitrations, consult the Electronic Sources and Print Sources described on the following pages. Note that these sources are selective, not comprehensive, in their coverage.
Court decisions concerning the recognition and enforcement of arbitral awards issued in investor-state disputes may be accessed via the following electronic resources: italaw, Kluwer Arbitration, Transnational Dispute Management, and Westlaw. In addition, several Print Sources also publish court decisions or excerpts therefrom.
Note that coverage of court decisions is selective, not comprehensive. Note also that decisions issued by courts non-English speaking jurisdictions may not be available in English translation.