Articles published in 2015 SCC Vol. 7 August 28, 2015 Part 4

Confidentiality and Transparency in Arbitration: The concepts of confidentiality and transparency in arbitration have been analyzed in this article, with primary focus on international arbitration. The essay discusses the issue in three parts; the first part compares the various approaches that are currently practiced in institutionalized international arbitration as well as various domestic approaches. The second part of this essay discusses transparency and confidentiality using the weighing and balancing measures, analyzing the merits and demerits of both qualities and their application in international arbitration. The third and final part of this essay attempts to suggest equally viable alternatives to the existing setup that maintain an appropriate equilibrium between confidentiality and transparency, without tilting the scales in either side’s favour. The author also suggests a workable and reconcilable solution to protect the interest of the parties, while benefiting the public as well. Confidentiality Against Transparency in Arbitration — Facets of the Same Coin? By Akshay Aurora, (2015) 7 SCC (J-40)

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