ABSTRACT
This chapter examines the application of the principle of public participation both within the tribunals' own processes and in the substantive issues between parties dealt with under International Centre for Settlement of Investment Disputes (ICSID). It traces the history of investment tribunals, from the initial intention to create a non-politicized, commercially natured dispute settlement mechanism to the more recent conflicts between this mandate and the increasingly public nature of investment treaty arbitration. The chapter then presents a certain conflict between the global recognition of the principle of public participation on the one hand, and the rationales embedded in the investor-state arbitration process. It also focuses primarily on the ICSID Rules of Arbitration, the importance of other legal sources like the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules, the North American Free Trade Agreement (NAFTA) Statement, or the 'new generation' of International Investment Agreements (IIAs).
