“Publicity” and “Confidentiality in Arbitral Judiciary: Approaches to Understanding and Application

Authors

DOI:

https://doi.org/10.18523/kmlpj249908.2021-7.95-108

Abstract

The growing interest in alternative forms of dispute resolution has prompted attention to the peculiarities of the application of the principles of publicity and confidentiality in the arbitration. It is determined that the observance of the principle of publicity
of the legal proceeding is the basis for ensuring justice. However, approaches to the application of this principle in arbitration differ both from the point of view of researchers and within the framework of legal regulation at the national and international levels. Some believe that the application of the principle of publicity will destroy the features of arbitration as such. However, the presented article demonstrates other approaches. The position was supported that the principle of confidentiality should be distinguished from the concepts of “privacy” or “closed trial”. In this context, publicity is often compared to concepts such as “openness”, “clarity” and “transparency” of the proceedings. Of concern is some regulatory restriction on the application of the principle of publicity, which affects the level of awareness of the activities of arbitration courts among the public and lawyers who intend to use alternative forms of dispute resolution. It is hoped that such further research will help solve similar problems.

Author Biography

Anna Yanovytska, Lviv State University of Internal Affairs, Ukraine

Dr. Anna Yanovytska has received her PhD in Private International Law from the Ivan Franko National University of Lviv in 2017. She is currently teaching at the Department of Commercial-legal Disciplines of Law Institute of Lviv State University of Internal Affairs. Research interests include comparative law, contract law, private international law, ADR.

Published

2021-12-29

Issue

Section

Articles