Is Confidentiality Compatible with Foreign Investment Arbitration? Towards Greater Transparency and Participation of Third Parties in Arbitration between States and Investors
Article from: TDM 2 (2006), in Procedure, Advocacy, Strategy and Tactics in Arbitration
Abstract
Confidentiality is one of the main characteristics of the international commercial arbitration. However, the issue of the confidentiality has different dimensions in the context of investment arbitration. In this type of arbitration often raises fundamental issues of public interest. As a consequence, demands are broader for greater transparency and third parties participation. This article analyses, firstly, how these demands have been answered by the arbitral tribunals. Secondly, it is studied as the transparency is included as a novel feature in the recent investment ...