Abstract
The duty of confidentiality of investment adjudicators is dealt with in legal spheres such as ICSID or the ICS. A proper understanding of contemporary facets of this duty requires giving appropriate consideration to existing provisions on transparency vis-a-vis the public. While it falls to investment adjudicators to police the correct application of transparency, these adjudicators also retain formal ties to confidentiality provisions, whose wording sometimes has its origins in other legal sectors. If the confidentiality provisions in the contemporary investment context are to be correctly interpreted, notions such as public information need to be ring-fenced, which may raise the question of whether investment adjudicators’ duty of confidentiality is really as broad in practice as currently supposed.
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