الاتجاهات الحديثة للشفافية في التحكيم الدولي

Abstract EN

Transparency in international arbitration raises a range of issues such as the disclosure of documents, open hearings, the participation of third parties in the arbitration process, and public access to arbitral decisions, and certainly raises the issue very problematic of the boundary between confidentiality and transparency, as the reform of confidentiality approach in international arbitration required a re-examination of established practices in the area of privacy and confidentiality, the UNCITRAL rules on transparency have also been an important starting point for such comprehensive reform, as investor-state arbitrations have created pressure and an additional source of demand for greater transparency in international arbitration.

on the other hand, the issue of conflict of interest between arbitrators and funding third parties is one of the issues that have recently aroused great debate, in light of its potential impact on the enforceability of arbitral awards given the question of the potential impact of the third-party funding on legal procedures, including settlement negotiations, and more generally on the integrity and transparency of the arbitration process and its legality.