As trade and investment have internationalized, international commercial arbitration has emerged as the mechanism of choice for resolving cross-border disputes between sovereign nations, individuals, and corporations. Arbitration offers numerous advantages, including final and binding awards, flexibility, and confidentiality, which have made it a widely used mechanism compared to litigation. Among all these benefits, confidentiality is significant to protect sensitive business information and corporate reputation. However, the doctrine of confidentiality is progressively faced with calls for transparency and public accountability. In this paper, the meaning, boundaries, and evolving regulatory regimes of confidentiality in arbitration are dealt with. The enforcement mechanisms are also explored and proposals for reforms are made towards achieving a balance between privacy and public interest model in international commercial arbitration.

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Confidentiality in International Commercial Arbitration: Significance, Challenges, and Enforcement Mechanisms

  • Fatema Abdulmalek,
  • Raed Alnimer

摘要

As trade and investment have internationalized, international commercial arbitration has emerged as the mechanism of choice for resolving cross-border disputes between sovereign nations, individuals, and corporations. Arbitration offers numerous advantages, including final and binding awards, flexibility, and confidentiality, which have made it a widely used mechanism compared to litigation. Among all these benefits, confidentiality is significant to protect sensitive business information and corporate reputation. However, the doctrine of confidentiality is progressively faced with calls for transparency and public accountability. In this paper, the meaning, boundaries, and evolving regulatory regimes of confidentiality in arbitration are dealt with. The enforcement mechanisms are also explored and proposals for reforms are made towards achieving a balance between privacy and public interest model in international commercial arbitration.