The Rise of Transparency in International Arbitration - Chapter 2 - Confidentiality in International Commercial Arbitration
ALBERTO MALATESTA is Professor of Private International Law and Arbitration Law at the Law School of the University LIUC-Carlo Cattaneo of Castellanza (Italy). He also teaches International Business Law within the Ph. D. Program in International Economic Law at the University Bocconi of Milan. He is a member of the Milan Bar and his practice focuses on litigation and arbitration. He served as Italian delegate at the Hague Conference of Private International Law (2005-2007). He held several courses and conferences on private international law and arbitration law at various law school and institutions through Europe and South America.
2.1. RECENT TRENDS IN THE FIELD OF CONFIDENTIALITY
For a long time the issue of confidentiality in the context of international commercial arbitration has not aroused much interest or particular problems. Indeed, confidentiality has always been considered, on the one hand, as a typical effect of arbitration proceedings and, on the other hand, as one of the main advantages of such an instrument as opposed to the cases brought before state courts. Scholars and case law that occasionally dealt with confidentiality justify its existence with various arguments, mainly qualifying it as an implicit effect of the arbitration agreement and therefore of the parties' intentions.2
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Confidentiality in International Commercial Arbitration