ARBITRAL PROCEEDINGS AT THE CROSSROADS: CONFIDENTIALITY AND TRANSPARENCY AS COMPETING PRINCIPLES
AUTHOR – ANSH RAJ BATSH, STUDENT AT AMITY UNIVERSITY PATNA
BEST CITATION – ANSH RAJ BATSH, ARBITRAL PROCEEDINGS AT THE CROSSROADS: CONFIDENTIALITY AND TRANSPARENCY AS COMPETING PRINCIPLES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 704-707, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
Confidentiality and transparency are considered to be two important, yet conflicting, principles of arbitration. While maintaining confidentiality ensures autonomy, commercial privacy, and efficiency of arbitration, transparency ensures public accountability, esteem, and development of a body of consistent jurisprudence, particularly in the realm of investment arbitration. This paper endeavors to explore the normative foundations, development, legislative regimes, arbitral rules, and comparative decisions on issues of confidentiality and transparency in arbitration, and also proposes a measured approach that ensures a balance between these conflicts..