Between Closed Doors and Public Accountability: Rethinking Confidentiality in Commercial Arbitration Involving State Owned Enterprises
Article from: TDM 3 (2026), in Confidentiality in Arbitration
Abstract
Confidentiality is traditionally hailed as a hallmark of international commercial arbitration. However, this article argues that in disputes involving State-Owned Enterprises (SOEs), absolute confidentiality is neither legally sustainable nor justified. SOEs, as hybrid entities that straddle commercial and sovereign functions, trigger unique tensions between private dispute resolution and public accountability. Through doctrinal analysis, comparative institutional research, and case law evaluation, this article investigates the erosion of blanket confidentiality when ...











