Publication details

Confidentiality of Arbitral Awards on National, International and Institutional Level



Year of publication 2023
Type Article in Proceedings
Conference Cofola International 2021: Current Challenges of Resolution of International (Cross-Border) Disputes
MU Faculty or unit

Faculty of Law

Keywords Confidentiality in Arbitration; Arbitral Award Confidentiality; Decisional Coherency; Confidentiality in National and International Law; Confidentiality in Institutional Rules; Interest for Publication of Arbitration Awards
Description Confidentiality of arbitration is told to be one of the reasons why parties actually choose to arbitrate. The question of whether the arbitral award should remain confidential is however not unified across different jurisdictions. The regulation of this matter varies even when it comes to rules of various arbitration tribunals. Some jurisdictions consider the confidentiality of arbitral award to be an implied obligation derived from the very nature of arbitral process. This article analyses the legal regulation of confidentiality of arbitral awards on various levels while the importance of the publication is presented in the context of the lack of decisional coherence in international arbitration. Further, the resolution of potential conflict of the regulations is analysed. There are good reasons for making awards publicly available. Considering the information society of the 21st century, the fact that the publication of awards is regulated differently in different jurisdictions is a hindrance of parties’ legal certainty.

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