Abstract
The study aimed to identify the extent of the arbitration parties' commitment to confidentiality in arbitration and to identify the extent to which the principle of confidentiality is assumed in arbitration. The study adopted the comparative analytical and descriptive method. The study reached results, the most important of which are: Confidentiality is the most important characteristic of arbitration, which makes arbitration distinct from the state’s judiciary, and that confidentiality is one of the justifications for resorting to arbitration, to preserve the commercial, industrial and technical secrets of the parties to the dispute. Confidentiality is an assumed principle in arbitration in investment contract disputes without stipulating it in the arbitration agreement. The study recommended: The arbitral institutions should confirm the extent to which the principle of confidentiality is applied in investment contract disputes in their arbitral procedures. Arbitral institutions should organize their position when justifications for transparency are achieved in the arbitral process. The contracting parties shall clarify in the arbitration agreement what is related to applying the principle of confidentiality and what is related to the application of transparency. Keywords: confidentiality, arbitration of disputes, investment contracts DOI : 10.7176/JLPG/110-13 Publication date : June 30th 2021
Highlights
Public trials are one of the foundations of the judicial system
Since the principle in trials is public because of its justifications to achieve justice, the exception is confidentiality in trials, according to special provisions, as in juvenile trials it is conducted in secret, except the judgment pronouncement session, which is not considered a violation of the principle of confidentiality in the trial
The Study Problem The principle of confidentiality finds difficulties in application in practice, especially concerning investment contracts, which often include an arbitration clause because of the many advantages of arbitration, including confidentiality in arbitration without the need to stipulate it in the arbitration agreement, as it is assumed that it is present in arbitration
Summary
Public trials are one of the foundations of the judicial system. Since the principle in trials is public because of its justifications to achieve justice, the exception is confidentiality in trials, according to special provisions, as in juvenile trials it is conducted in secret, except the judgment pronouncement session, which is not considered a violation of the principle of confidentiality in the trial. The Study Problem The principle of confidentiality finds difficulties in application in practice, especially concerning investment contracts, which often include an arbitration clause because of the many advantages of arbitration, including confidentiality in arbitration without the need to stipulate it in the arbitration agreement, as it is assumed that it is present in arbitration, . It was stated within the legislation of some countries not to assume the principle of confidentiality in arbitration unless it was explicitly forgotten in the arbitration agreement and considering this principle inconsistent with the principles of transparency. These and other questions will focus on our study to find answers for those interested in this aspect
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
