Study on the Transparency in the International Arbitration Proceedings

Publication Information

Journal Title: Commonwealth Law Review Journal
Author(s): Shuyi Xu
Published On: 09/08/2022
Volume: 8
First Page: 358
Last Page: 365
ISSN: 2581-3382
Publisher: The Law Brigade Publisher

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Shuyi Xu, Study on the Transparency in the International Arbitration Proceedings, Volume 8, Commonwealth Law Review Journal, 358-365, Published on 09/08/2022, Available at https://clrj.thelawbrigade.com/article/study-on-the-transparency-in-the-international-arbitration-proceedings/

Abstract

Keeping a balance between transparency and confidentiality is essential for the justice and efficiency of international commercial arbitration. This paper attempts to address the transparency required of international arbitration proceedings from three perspectives: evidence disclosure, third-party participation and making arbitration awards public. It argues that any disclosure of evidence shall be limited to those pertaining to public interests or to satisfy the public interests, and the third-party participation should also satisfy three criteria. Besides, the manner and degree of the disclosure of arbitration awards should be considered to balance the transparency and confidentiality.

Keywords: International Commercial Arbitration; Transparency; Public Interests

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