Volume 25, Issue 92 (winter 2021)                   __Judicial Law Views __2012__, 25(__59__): __224127 | Back to browse issues page

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khadem razavi G, rastgoo khiavi P. Confidentiality status in arbitration regarding investment disputes. دیدگاه‌های حقوقی. 2021; 25 (92) :107-127
URL: http://jlviews.ujsas.ac.ir/article-1-1669-en.html
1- university of judicial sciences and administrative services , khadem8@hotmail.com
2- university of judicial sciences and administrative services
Abstract:   (448 Views)
Confidentiality is one of the characteristics of arbitration, which is referred to as the privilege of this dispute settlement method compared with litigation. Because of governing of confidentiality feature over arbitration that protects from trade secrets, businessmen tend to resolve their disputes from arbitration. But today, the confidentiality attribute in arbitration-based investment treaties is associated with change and the confidentiality status of this category of arbitrations is different from purely commercial arbitration. What undermines the status of confidentiality and the tendency towards transparency, Is the benefit of clarifying the judgment. And these benefits are the same reasons that justify transparency in arbitration. In this context, the public interest in investor-state arbitrations is the most important reason for justifying the moving from confidentiality to transparency. The transparency of investment arbitration recently regulated by arbitration rules of Arbitration institutions and investment treaties between governments are reflected.
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Type of Study: Applicable Research |
Received: 2019/07/01 | Revised: 2021/10/18 | Accepted: 2021/03/17 | Published: 2021/05/01 | ePublished: 2021/05/01

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