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国际投资仲裁过去一直保持着保密性、不公开的传统,但近年来,透明度逐渐成为国际投资仲裁中的一项规则,国际投资仲裁程序整体上也呈现透明度增强的趋势。法庭之友参与一方面是对透明度规则的践行,是实现仲裁透明度的重要举措,但另一方面,它也存在着不容忽视的弊端。通过修改和完善双边投资协定、仲裁规则等路径规范和促进法庭之友的参与,使其既能促进仲裁透明度的实现,亦能发挥在促进裁决公正、合理、维护公共利益等方面的价值。
In the past, international investment arbitration has maintained the tradition of confidentiality and non-disclosure. However, in recent years, transparency has gradually become a rule in international investment arbitration. As a whole, international investment arbitration procedures have also shown a tendency of greater transparency. The participation of Friends of the Tribunal, on the one hand, is an important measure of transparency in arbitration. However, on the other hand, it also has its own defects that can not be ignored. By modifying and perfecting the path specifications such as BITs and arbitration rules and promoting the participation of the court’s friends, it can not only promote the transparency of arbitration, but also play an important role in promoting fairness and reasonableness in judgments and safeguarding public interests.