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The Rise of Transparency in International Arbitration - Chapter 4 - Transparency and Confidentiality: How and Why to Publish Arbitration Decisions

Author(s): 
Rinaldo Sali
Page Count: 
14 pages
Published: 
July, 2013
Jurisdictions: 
International
Practice Areas: 
Confidentiality,
Arbitral Awards,
Confidentiality and Publication
Author Detail: 

RINALDO SALI is Deputy Secretary General of the Milan Chamber of Arbitration. His main areas of activity are arbitration, mediation and other ADR management. He is the author of several books and papers on issues of arbitration and a speaker in domestic and international conferences and seminars on arbitration and mediation. He lectures in arbitration at the State University of Bologna, Pavia and at the University LIUC of Castellanza (Italy).

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Description: 

Originally from: The Rise of Transparency in International Arbitration

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Confidentiality and transparency: the private nature of the arbitral process and the publication of decisions are not mutually exclusive. They are principles that can coexist in arbitration and it is my firm belief that they can coexist even more readily in administered arbitration, that is, in arbitrations where the arbitral institution and its rules can provide the parties with safeguards while at the same time fostering the development and spread of the practice of arbitration in the most appropriate ways.

As a starting point, it is a fact that as of now, there is no general and absolute duty of confidentiality in arbitration. There is none in the main international conventions on commercial arbitration, nor in the 2010 UNCITRAL Arbitration Rules.2