ZAUPNOST IN TRANSPARENTNOST ARBITRAŽE

Arbitration and Transparency
Relations Between a Private Environment and a Fundamental Requirement

Gábor Szalay
 

The need for alternative dispute resolution mechanisms in the international business environment (especially via the widespread use of investor-state arbitration) proves to be a desire directed towards an increasingly transparent, thus more reliable approach. This approach is well founded, taking into consideration the opportunities and challenges raised by the digital age arriving with the 21st century. The examination of the appearance, extent and necessity of transparency in international arbitration gives the backbone of the research. Several issues to be analysed with the instruments of academic research arise in this context. Such issues are, for example, the extent to which business secrets have to be kept private and the thin line beyond which the disclosure obligation towards the public overrides the confidentiality obligation surrounding private and business secrets. The examination of these phenomena, the exploration of relating and conflicting interests of certain business actors and the comparative study of institutional regulations in connection with such matters could prove useful in international and national contexts alike.