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Report No. 260

(ii) Suggested draft:

14.8 (i) Subject to applicable Law regarding protection of confidential information, the Respondent Party shall make available to the public the following documents relating to Investment Disputes:

a. ...

b. Pleadings and other written submissions on jurisdiction and the merits submitted to the tribunal;

c. ...

d. ...

14.8(iv) may be removed.

Specific drafting language is not provided. However, it is further suggested that:

1. It may be clarified as to the stage at which documents relating to the investment dispute are to be made public.

2. It may be clarified as to whether the obligation on the Respondent Party to make public all the documents relating to the dispute includes any submitted by the other Party.

3. The concerns of the capability of a tribunal to make logistical arrangements to facilitate public access to the hearings may need to be addressed appropriately.

Analysis of the 2015 Draft Model Indian Bilateral Investment Treaty Back

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