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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