The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Confidentiality status in arbitration regarding investment disputes

Authors
ghasem khadem razavi
pooria rastgoo khiavi
university of judicial sciences and administrative services
Abstract
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.
Keywords
Confidentiality
Transparency
Investment Arbitration
public interest
11.Ajibo, I. Kenneth, ''Confidentiality in International Commercial Arbitration: Assumptions of Implied Duty and a Proposed Solution'', Latin American Journal of International Trade Law, Vol. 3, Issue. 2, 2015.
12-Belohlavek, J. Alexander; Confidentiality and Publicity in Investment Arbitration, Public Interest, and Scope of Powers Vested in Arbitral Tribunals; Czech Yearbook of International Law, 2011.
13-Bagner, Hans, ''Confidentiality a Fundamental Principle in International Commercial Arbitration'', Journal of International Arbitration, Vol. 18, No.2, 2001.
14. Buys, Cindy Galway, The Tensions between Confidentiality and Transparency in International Arbitration; American Review of International Arbitration, Vol. 14, No.121, 2003.
15. Catherine, A. Rogers, "Transparency in International Commercial Arbitration", Kansas Law Review, Vol. 54, 2006.
16. Coe, J. Jack, "Transparency in the Resolution of Investor-State Disputes – Adoption, Adaption, and NAFTA Leadership", Kansas Law Review, Vol. 54, 2006.
17. El-Awa, M. Mariam, "Confidentiality in Arbitration; The Case of Egypt", Vol. 56, Springer International Publishing, Egypt, 2016.
18.Teitelbaum, Ruth, A Look at the Public Interest in Investment Arbitration: Is It Unique? What Should We Do About It?'', Berkeley Journal of International Law Publicist, Vol. 5,2010.