Abstract

The debate of increasing transparency in investment arbitration is reaching the shores of international commercial arbitration. Some suggestions to use transparency rules across arbitral proceedings, including disputes on strictly commercial matters, bring about a necessary reappraisal of the purpose and underlying idea of transparency in different fields of law. The hybrid nature of investment arbitration may justify the recent trend of more open procedures, whereas the principle of party autonomy in international commercial arbitration seems to outrun the calls for more transparency. Arguably, commercial arbitration cases involving some public interest might demand more transparency; however, a ‘one-size-fits-all’ approach must be avoided.

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 call

Disclaimer: 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.