NEED FOR SCALING CONFIDENTIALITY AND TRANSPARENCY IN INTERNATIONAL COMMERCIAL ARBITRATION

Dissertation Proposal
Himanshi Khivsara
PRN 20010143033
 STATEMENT OF PROBLEM
• Contracts can be made between the people of same nation or can be made between the people of different
nations. In International scenario parties prefer not to go to the court and tries to solve the problem in
close door like arbitration.
• On the opposite side it is also true that transparency is also required to solve the dispute as the parties has
to be transparent about the matter and related circumstances. This creates the problem of judgment that
what comes in the confidential information according to the one party, may not be the same for other
party.
• By the span of time the closed-door solution is no more closed door as to solve many disputes parties
have to reveal many things which may be are subject to confidentiality. Confidentiality and Transparency
are considered to be the Central Pillar of any matter. Though they are “competing values” in nature but
are always subject to question when there is need to find root cause of any subject matter.
• Hence, the alarming problem in matters of commercial arbitration or International Commercial
Arbitration is the judgment of transparency with regards to Confidentiality.
 RESEARCH QUESTIONS

1. Should there be a straight-jacket formula or the parties should dictate their own confidentiality and
transparency clause terms while settling of the disputes through arbitration?

2. Do transparency and confidentiality complement each other off do they have competing values?

3. While settling of the disputes, should transparency be placed at a higher pedestal?

 RESEARCH OBJECTIVE

1. To Critically analyze the need of balance between the Confidentiality and Transparency in International Commercial Arbitration.
2. To get insight level of awareness amongst the masses abo ut the importance of Transparency and the confidentiality as one root
level.

3. To find out the factors which will maintain the efficiency of the attractive point of arbitration which is flexibility and
Confidentiality.

4. To evaluate the effect of transparency by overviewing different case studies of Arbitration.

5. To purpose practical & viable solutions to balance the Confidentiality and transparency in Commercial Arbitration.
 SCOPE AND LIMITATIONS

• The scope of this study of to understand the concept of confidentiality and transparency in commercial matters and the
need to scale it. Confidentiality and transparency are saud to be the central pillars in any matter. But one question that
always arises is, his much of transparency and should it be brought at the cost of confidentiality. This paper aims to
understand the need of both and also the requirement of balancing them both.

• Limitations - the study though focuses upon arbitration; it has kept only international commercial arbitration as its
primary point of focus. Further as the title of the study suggests, only the aspects of transparency and confidentiality
have been taken up. There are numerous other points of dispute which have not been referred in the study.
 CHAPTERS

1. Introduction
2. Literature Review
3. The Concept of International Commercial Arbitration: case studies, Adhoc and Institutional.
4. Importance of Confidentiality and Transparency in Commercial Arbitration: Advantages and the thin line.
5. Confidentiality vs Transparency: Competing Values : How they conflict with each other, Major harm if
breached, How an advantage can turn into disadvantage.
6. Questionnaire : Choice of Confi. , Is it fair and just, opinion of masses.
7. Establishing Checks and Balances of Confidentiality and Transparency in Commercial Matters: Parties,
Public Interest, what should be done.
8. Recommendations & Conclusion.
 CONCLUSION

Arbitration is somehow fulfilling its main purpose by providing a flexible platform to the parties to resolve
the disputes. International Commercial Arbitration has gained momentum from past many years. It is most
likely approached way to solve the disputes as due to main clause of Confidentiality. ICA provides the path
to parties to keep some information confidential and save the public and parties Interest. But it is again the
conflicting issue as Confidentiality come with keeping information with oneself and be less transparent,
which is hurdle between the effective solution.
There is need to balance the Confidentiality and transparency while solving any commercial dispute by
Arbitration and by this way only a win-win solution can be achieved.