Possibility of Uniform Rules on Confidentiality
Confidentiality of international commercial arbitration is one of the most controversial topics in arbitration. Our analysis has shown, however, that not all aspects of confidentiality are controversial. The two main controversial issues are: (1) the existence of parties’ implied duty of confidentiality; and (2) publication of arbitral awards. In the present section, we will first demonstrate that a consensus is possible on both issues. Second, we will propose a solution in the form of uniform rules on confidentiality. The purpose of such rules would be to ensure legal predictability and increase transparency of arbitration.
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