International Commercial Arbitration (ICA) has completely become the most preferred mechanism of dispute resolution for cross-border commercial disputes because of its inherent confidentiality, efficiency, and flexibility. It becomes vital, however, because it protects reputations of parties, keeps business-critical information, and encourages frankness during the arbitration process. Despite its advantages, secrecy in ICA has so many difficulties such as differences in institutional regulations, problems with enforcement, and legal frameworks. The paper dwells on secrecy in ICA, the benefits it has, the hardships it lays upon the party, and how effective the existing legislative frameworks are as it contrasts between jurisdictions and arbitral institutions. It further aligns privacy and transparency in arbitration. The study aims to bring out best practices and areas for possible improvement in ensuring accountability and fairness in maintaining the confidentiality of arbitration hearings.

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Confidentiality in International Commercial Arbitration: Balancing Business Secrecy and Legal Transparency

  • Shaikha Alkhalifa,
  • Raed Alnimer

摘要

International Commercial Arbitration (ICA) has completely become the most preferred mechanism of dispute resolution for cross-border commercial disputes because of its inherent confidentiality, efficiency, and flexibility. It becomes vital, however, because it protects reputations of parties, keeps business-critical information, and encourages frankness during the arbitration process. Despite its advantages, secrecy in ICA has so many difficulties such as differences in institutional regulations, problems with enforcement, and legal frameworks. The paper dwells on secrecy in ICA, the benefits it has, the hardships it lays upon the party, and how effective the existing legislative frameworks are as it contrasts between jurisdictions and arbitral institutions. It further aligns privacy and transparency in arbitration. The study aims to bring out best practices and areas for possible improvement in ensuring accountability and fairness in maintaining the confidentiality of arbitration hearings.