Balancing Confidentiality and Transparency in International Commercial Arbitration

Abstract

Addressing the unresolved issue in international arbitration: how to balance confidentiality, a core advantage of arbitration, with the increasing demand for transparency? As international arbitration continues to evolve in response to globalization and legal reform initiatives, the need to reassess established practices becomes urgent. By conducting a comparative analysis of the ICC Arbitration Rules and UNCITRAL Arbitration Rules, this study aims to examine how confidentiality and transparency are managed under these institutional frameworks. It further explores the practical challenges faced by parties and arbitrators in maintaining confidentiality while complying with emerging transparency obligations. Given the nature of international arbitration, which often involves limited public access to arbitral decisions, the research relies significantly on institutional publications, arbitral practices, and commentaries by practitioners and academics to supplement gaps in publicly available case law.