Young Arbitration Magazine – Have things changed?: El principio de confidencialidad ante esta nueva era de virtualización del arbitraje.

31 Mar 2021 | Sin categoría

This article seeks to answer the question as to whether the virtualization of arbitration has put the confidentiality of arbitration proceedings at risk. In order to answer this question, a development of the principle of confidentiality is made, as well as of the positions regarding the scope of confidentiality in international commercial jurisprudence, a description of the inclusion of technology within arbitration and especially in the evidentiary field, an analysis of the compatibility of technology and arbitration and, finally, some proposals are provided to preserve confidentiality in arbitrations, concluding that the technology does not affect the confidentiality of the arbitration, but rather that its preservation remains in the hands of the parties.

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