TRANSPARENCY AND CONFIDENTIALITY IN INTERNATIONAL COMMERCIAL ARBITRATION

Abstract

Annotation: The debate between confidentiality and transparency in international
commercial arbitration is not recent. While confidentiality had been considered one of
the critical features of international commercial arbitration, lately, it has been argued
that transparency is required for arbitration to succeed as an efficient and reliable
method of dispute resolution. This article seeks to address if confidentiality forms the
cornerstone of all commercial arbitration or the higher calls for transparency are
justified and possible without adversely affecting the popularity of arbitration as the
most preferred mode of alternative dispute resolution. The authors would argue that
confidentiality and transparency are not necessarily adversarial, and it is possible to
achieve the right balance between the interests of the arbitrating parties seeking
confidentiality and the need for greater transparency. Further, the authors would
attempt to examine the process of arbitration and the feasibility of making the various
stages of the process more transparent.