Transparency And Data Protection: Conflicts and Resolutions in International Commercial Arbitration

Abstract

This paper delves into the intricate relationship between transparency and confidentiality in international commercial arbitration. It elucidates the significance and meaning of these two values in the context of arbitration, highlighting their crucial roles in maintaining fairness, trust, and legitimacy. The paper navigates through the impact of data disclosure on parties' privacy rights and emphasizes the need for a delicate equilibrium between transparency and data protection. Furthermore, it explores various strategies for resolving conflicts between these values, including the establishment of effective information disclosure and informed consent mechanisms, the utilization of anonymization and pseudonymization techniques, the optimization and innovation of arbitration rules and procedures, and the development of applicable data protection guidelines and standards. In conclusion, this paper underscores the pivotal role of confidentiality as the primary value objective in commercial arbitration, while acknowledging the intrinsic value of transparency in ensuring justice. It underscores that both values are interdependent, shaping the framework of the arbitration system, and their harmonious coexistence is vital for the continued relevance of international commercial arbitration in a rapidly changing global landscape.