Hilbay: A bad liar or bad lawyer – The Manila Times

bent over to the water concessionaires’ demand to keep their arbitration suit against the government confidential, and therefore away from the prying eyes of the public.

But Hilbay wrote to his friends to claim that they had no choice since “the Uncitral rules mandate that the arbitration proceedings be confidential.” Hilbay claimed he was “fact-shaming” me on this.The Uncitral, or the United Nations Commission on International Trade Law’s rules, adopted eventually by over 60 countries, govern arbitration between companies from different countries or between companies and governments. This was first adopted in 1976, and then amended in 2010 as well as in 2013.

Aren’t the 12-million water consumers entitled to know why the hell the Manila Water and Maynilad claimed P11 billion in losses from 2014 to 2018, when their financial statements showed they earned P67 billion for those years. Don’t we have the right to know if Hilbay did his job defending the Republic? After all, he was removed as solicitor general only in June 2016, more than a year after the arbitration were filed in March and April 2015.

The paper “Confidentiality in Arbitration: From Myth to Reality,” published by Bär & Karrer, a renowned Swiss-based international law firm, pointed out: “The Uncitral rules do not provide for a general obligation of confidentiality binding on the parties: in particular, nothing is said about the confidentiality of the proceeding itself, the confidentiality of the materials exchanged by the parties, the minutes of the hearings, etc.

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