A Study on the Balancing Confidentiality and Transparency for Arbitral Legitimacy in International Arbitration

Key Points

• The aim is to investigate how confidentiality and transparency interact in the context of international arbitration legitimacy.
• Analysis of arbitration rules from major international arbitration institutions
• Review of case law
• Examination of arbitration practices
• Confidentiality contributes to the legitimacy of arbitration through party autonomy and procedural efficiency.
• Transparency demands are growing in investor-state dispute resolution, questioning traditional confidentiality.
• Weakened confidentiality poses risks like reputational damage and exposure of sensitive information.