Public Interest and Transparency in International Commercial Arbitration Cover Image

Veřejný zájem a transparentnost v mezinárodní obchodní arbitráži
Public Interest and Transparency in International Commercial Arbitration

Author(s): Klára Drličková
Subject(s): International Law
Published by: Masarykova univerzita
Keywords: International Commercial Arbitration; Privacy; Confidentiality; Public Interest; Transparency; Arbitral Award.

Summary/Abstract: The aim of this article is to analyse the issue of transparency in international commercial arbitration. In particular, the article aims to answer the question whether there is a public interest in the systematic publication of arbitral awards. First, the current state of privacy and confidentiality in international commercial arbitration is briefly summarized. Privacy of international commercial arbitration is not disputed. In the case of confidentiality, there is no universally accepted solution. Especially, the duty of the parties to maintain confidentiality is problematic. Its existence, scope and limits differ from state to state. Public interest is one of the possible limits of confidentiality. We are witnessing a trend towards a greater transparency in international commercial arbitration. The transparency cannot be construed in a broad sense. The privacy should be respected, the public should not have access to hearings and to all documents produced in arbitration. However, there is a public interest in the publication of awards. Considering the way of publication, the interest of the parties in maintaining confidentiality of arbitral awards must be taken into account.

  • Issue Year: 25/2017
  • Issue No: 3
  • Page Range: 403-420
  • Page Count: 18
  • Language: Czech