| Abstract [eng] |
The discussion on the assessment of the relationship between transparency and confidentiality is more complicated in the context of international arbitration because transparency and confidentiality are both general values of international arbitration. It is important to note that these two features of arbitration have been defined as “competing values”, but there is no clear answer why. On the one hand, from the perspective of the classical approach, confidentiality is one of the main points of attraction of international arbitration. On the other hand, according to the new approach, it could be argued that, despite the benefits of confidentiality, there is a tendency towards transparency that encourages greater transparency in international arbitration. This tendency arises from the increasingly frequent tensions that these days are fuelled by public statements that arbitral tribunals act as “secret courts” or by such an attitude that international arbitration is facing a “legitimacy crisis”. Moreover, mentioned tension at the same time promotes also a competition between transparency and confidentiality in international arbitration. The prevalence of competition between transparency and confidentiality and its variable degree depending on the type of arbitration, presupposes that there is a certain relationship between the mentioned features. Disclosure of the above relationship is relevant to the international arbitration community because the nature of this relationship determines the hypothesis that a new principle - principle of transparency is emerging in international arbitration. |
