Originally from Alternatives to the High Cost of Litigation

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The European Court of Human Rights judgment bears witness of a global trend: a rising public interest in arbitration, which is also due to the successful rise of arbitration use.

That prompts a conflict between the principle of confidentiality seen as germane to arbitration, and the call for more transparency. This conflict calls for well-crafted solutions. Transparency and confidentiality ought to be balanced to preserve arbitration’s fitness for its purpose: an efficient and neutral (international) dispute resolution tool.

CAS Code Article R43 (the full code is available at https://bit.ly/1ipJp5w) provides for confidentiality in CAS arbitrations by default.