Some academics have started to question the breadth of the responsibility of secrecy, especially when it comes to the obligation of openness.. Some argue that secrecy in arbitration is an urban legend, disputing that the duty is meant to apply continuously throughout the arbitration procedure.
The Right Ideas
Is the idea of confidentiality still important throughout the arbitration process, and especially in connection to the arbitral award? Let’s take a look at the doctrine’s stance on this matter once again in order to draw some conclusions. For Arbitration Proceedings this works fine.
The Other Approach
Another approach that we came up with is designed to make arbitral rulings more accessible to the public. “Justice is no longer a secret and it should never be made so again,” the author concludes. The decision must be understood, examined, and criticized. People may learn more about them and, if necessary, criticize their actions in this manner. As academics, academics are tasked with broadening their views to embrace all aspects of society, not only the judicial domain. It is just as important for them to take responsibility as it is for us to take responsibility.
- When it comes to the arbitration decision as a consequence, there is a difference between a broad and a restricted conception of the need to preserve confidentiality in arbitration. As a consequence, the degree of severity associated with this duty will change.
- This, on the other hand, is taken into account by some authors, who do not. An arbitrator’s obligation to maintain confidentiality in connection with an arbitral decision is seen as a more significant one because of this.
Is It Appropriate For Arbitration Outcomes To Be Made Available To The Public?
As a consequence, there is disagreement about the degree (or lack thereof) of strictness with which the arbitral ruling must be kept secret. But there has already been a study done on the advantages of making arbitral judgments public, and this merits additional study.
As a result, making arbitral decisions public has various advantages. This is one of the reasons why certain arbitration centers are pursuing this path. Ad hoc arbitration, on the other hand, lacks anything equivalent, contributing to the general lack of transparency around the practice of arbitration. Since arbitral judgments should be made public so that people may better understand the process, isn’t that what is needed? To guarantee that the goals of arbitration are followed in this case, an effective process would need to be designed.
International Arbitration Awards Mega-Database Creation As A Technique For Making Arbitration Practice More Straightforward
The following developments will focus on a proposal to publish arbitral awards in order to simplify arbitral practice and increase the overall efficiency of the arbitration process. Each arbitration’s intended degree of dissemination (from complete to full absence) would be included in the International arbitration awards mega database (which would be publicly accessible over the internet) that we propose to build. This information is presented for each arbitration case: case number, date and place of award rendering, language used, names of arbitrators, dispute areas of law (keywords), and selection of sections relevant to award distribution. This information is provided for each arbitration case.