Exploring the Dichotomy of Transparency and Confidentiality in Modern Arbitration Proceedings

  • Dayanidhi and Riktika
  • Show Author Details
  • Dayanidhi

    Student at Asian Law College, A Unit of Asian Education Group, India

  • Riktika

    Student at Asian Law College, A Unit of Asian Education Group, India

  • img Download Full Paper


This article discusses the conflict between transparency and confidentiality and how it impacts the Alternative Dispute Resolution (ADR) processes, such as mediation and arbitration. While transparency promotes the openness and accountability whereas confidentiality safeguards sensitive information, condor, and fosters open communication. However, confidentiality can also create a lack of transparency, which can lead to concerns about fairness and legitimacy. Therefore, to balancing the transparency and confidentiality is crucial in ADR processes. The discussion suggests establishing clear ground rules and agreements, involving parties in decision making processes, using appropriate tools like redaction and anonymization, and providing ongoing education and training to arbitrators to navigate the tension between transparency and confidentiality. The article also advocates the significance of transparency in contemporary ADR regimes, and aspects of confidentiality including voluntary confidentiality, legal confidentiality, confidentiality agreements, and confidentiality safeguards.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 2416 - 2422

DOI: https://doij.org/10.10000/IJLMH.114668

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


Copyright © IJLMH 2021