BSG Resources Limited v. Republic of Guinea

ICSID Case No. ARB/14/22 (2015)

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BSG Resources Limited v. Republic of Guinea

International Centre for Settlement of Investment Disputes
ICSID Case No. ARB/14/22 (2015)

Facts

BSG Resources Limited (BSG) (plaintiff) and the Republic of Guinea (Guinea) (defendant) entered arbitration related to an investment dispute at the International Centre for the Settlement of Investment Disputes (ICSID). At the request of ICSID arbitrators, BSG and Guinea submitted their positions on the degree to which the United Nations Commission on International Trade Law (UNCITRAL) transparency rules should apply to the proceedings. The UNCITRAL rules required more transparency than the rules that generally governed ICSID arbitration proceedings. The parties also stated their positions on whether and to what degree the arbitration hearings should be opened to the public. Both BSG and Guinea agreed that the UNCITRAL transparency rules should apply to the ICSID arbitration proceedings with minor amendments and that the hearings should generally be publicly accessible. ICSID considered whether it was willing to conduct the arbitration in accordance with the amended transparency rules as agreed on by BSG and Guinea.

Rule of Law

Issue

Holding and Reasoning (Kaufman-Kohler, J.)

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