Abstract

The article analyses transparency in investment arbitration. Immanently connected with this issue is the question of determining the entity entitled to fulfil the obligation to make available the awards concerning the entrepreneur whose actions were subject to arbitration assessment. It should be noted that access to information covers a wide range of issues related to the release of information about arbitration proceedings to third parties. However, the public has the right to know how the state acts in arbitration, particularly when it is directly affected by the outcome of the dispute. The basic issue to be resolved is therefore whether investment arbitration is public or confidential. In other words, in the context of disclosure of an arbitral award, it is important to determine whether an investment agreement to which Poland is a party and which invokes the UNCITRAL arbitration rules excludes application of the Access to Public Information Act.In Poland, the issue in question has not been analysed so far, which justifies taking a stand. This article is also an attempt to respond to doubts that arise in practice as to which entity is entitled to make public an award concerning an entrepreneur whose actions have been subject to arbitration assessment.