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Confidentiality is a fundamental pillar of international commercial arbitration, distinguishing it from traditional litigation by ensuring that dispute resolution remains private and shielded from public scrutiny. This paper explores the legal definition, significance, and challenges of confidentiality in arbitration, with a focus on Bahrain (Bahrain Chamber for Dispute Resolution in Chamber for Dispute Resolution (BCDR), 2022)i jurisprudence and international frameworks, including the UNCITRAL Model Law. It examines the limitations and evolving demands for transparency, particularly in cases of public interest, and assesses enforcement mechanisms. The study ultimately seeks to propose a balanced approach that preserves confidentiality while addressing the growing call for disclosure in arbitration.

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Guarding the Private, Serving the Public Confidentiality Challenges in International Arbitration

  • 章节

  • 发表日期：

    2026年

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  • Zain Alasfoor,
  • Raed Alnimer,
  • Souad Ezzerouali

摘要

Confidentiality is a fundamental pillar of international commercial arbitration, distinguishing it from traditional litigation by ensuring that dispute resolution remains private and shielded from public scrutiny. This paper explores the legal definition, significance, and challenges of confidentiality in arbitration, with a focus on Bahrain (Bahrain Chamber for Dispute Resolution in Chamber for Dispute Resolution (BCDR), 2022)i jurisprudence and international frameworks, including the UNCITRAL Model Law. It examines the limitations and evolving demands for transparency, particularly in cases of public interest, and assesses enforcement mechanisms. The study ultimately seeks to propose a balanced approach that preserves confidentiality while addressing the growing call for disclosure in arbitration.