A Critical Analysis of The Scope of Confidentiality in International Commercial Arbitration

Abstract

Arbitration has evolved over the years to be the preferred way for private organizations to settle conflicts. The presumption of confidentiality was one of the advantages that made this dispute resolution method attractive. This study evaluates how confidentiality is accepted in the international arbitration organizations and how the Courts apply exceptions to confidentiality. Also, this dissertation explores the principle of confidentiality in times of COVID-19 through online arbitration. To show how confidentiality and its exceptions are dealt in international institutions and judicial Courts, relevant cases law from different countries was analysed, and the results showed that confidentiality, although provided by law, is not absolute, and there is a hypothesis of exceptions. These results suggest that Courts and international arbitration institutions are likely to accept the exceptions of confidentiality when the case shows a relevant argument that cannot be put aside. On this basis, the concept of confidentiality and its exceptions should be taken into account when arbitration is chosen as alternative dispute resolution methods.