A responsabilidade das instituições arbitrais de dar publicidade à arbitragem público-privada

Abstract

Who is responsible for providing transparency to arbitration involving public entities? The practice of the main foreign arbitral institutions shows that for more than 50 years they have gradually assumed this responsibility, although they still give different levels of transparency to the procedural acts of public-private arbitration. This is because the jurisdictional nature of the arbitration reveals that transparency can only be provided by those to whom impartiality and – ideally – also institutionality is granted, similarly to the transparency of judicial acts, as determined by the Constitution. Consequently, it is up to Brazilian arbitral institutions, as their foreign counterparts already do, to provide transparency of public-private arbitration. In ad hoc arbitration, the arbitral tribunal should carry out such obligation, as it is the only other impartial actor in arbitration.