한국중재학회지:중재연구 (Journal of Arbitration Studies)
- 제23권3호
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- Pages.25-38
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- 2013
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- 1226-3699(pISSN)
The Principle of Confidentiality in Arbitration: A Necessary Crisis
- Cremades, Bernardo M. (B. Cremades & Associates, Universidad de Madrid) ;
- Cortes, Rodrigo (B. Cremades and Associates)
- 투고 : 2013.08.12
- 심사 : 2013.08.25
- 발행 : 2013.09.02
초록
Confidentiality has always been considered one of the most important aspects of arbitral proceedings and until recently a principle that could never be ignored. However, under the shadow of the increasing number of arbitral cases in which States are involved, there has recently been a tendency towards publicity, not only in investment protection arbitrations but also in commercial arbitrations. That said, many questions arise: in the event of a conflict between confidentiality and publicity, which should prevail? What role does the arbitrator play in this conflict? Does confidentiality provide more benefits than harm.
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