A Brief History of International Arbitration, Its Role in the 21st Century and the Examination of the Arbitration Rules of Certain Arbitral Institutions With Regards to Privacy and Confidentiality
A Brief History of International Arbitration, Its Role in the 21st Century and the Examination of the Arbitration Rules of Certain Arbitral Institutions With Regards to Privacy and Confidentiality

Summary/Abstract: The examination of the appearance, extent and necessity of transparency and transparent functioning/management in certain sectors of the global business environment, furthermore, the comparative analysis of the relating regulatory background gives the backbone of the present paper. The increased need for corporate governance and alternative dispute resolution mechanisms in the international business environment (especially via the widespread utilization of investor-state arbitration) proves to be a desire directed towards an increasingly transparent, thus more reliable approach. Therefore, the examination and exploration of relating and conflicting interests and the development of the regulatory background in connection with such matters could prove useful in the development of these phenomena. Heavy debates surrounding certain provisions relating to dispute resolution mechanisms included in the Transatlantic Trade and Investment Partnership (TTIP), to be negotiated by the United States and the European Union, and the freshly negotiated EU-Canada Comprehensive Economic and Trade Agreement (CETA) indicate the importance and up-to-date character of the relationship existing between transparency and investor-state arbitration. Furthermore, the 2014 UNCITRAL Rules on Transparency has to be noted in this regard as well, as it proves to be an important instrument in the topic, establishing certain transparency requirements in investor-state arbitrations falling within its scope. In order to get a deeper understanding of the topic, the present paper discovers the historical background of international arbitration and compares the arbitration rules of certain arbitral institutions with regards to privacy and confidentiality, thus attempting to measure the extent of transparency manifested in such instruments.

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