Skip to main content


An exploration of the Confidentiality Obligation in the light of Transparency

  Even at the advent of emerging technology and the growing need for transparency, confidentiality still remains a factor attracting parties towards arbitration [1] . The subsequent call for transparency arises due to the emerging need for accountability to the public. [2] However, confidentiality and transparency are often pitted against each other and are considered to be conflicting to another [3] . These “competing values” are considered to be two sides of the same coin, irreconcilable due to their very nature. [4] Though, it is essential to sought balance between the two to represent the varying interests of parties adequately. Since the arbitration agreement is a reflection of party autonomy, which is considered to be the linchpin of arbitration, it accords some much-desired flexibility to the arbitration proceedings. [5] Thereby conferring on parties the ability to draft an arbitration agreement which balances the conflicting practices of transparency and confidentialit
Your subscription could not be saved. Please try again.
Your subscription has been successful.


Subscribe our web Equa.Law and get latest update of Mediation.