The Principle of Confidentiality in Arbitration: A Necessary Crisis

Confidentiality has always been considered one of the most important aspects of arbitral proceedings and until recently a principle that could never be ignored. However, under the shadow of the increasing number of arbitral cases in which States are involved, there has recently been a tendency towards publicity, not only in investment protection arbitrations but also in commercial arbitrations. That said, many questions arise: in the event of a conflict between confidentiality and publicity, which should prevail? What role does the arbitrator play in this conflict? Does confidentiality provide more benefits than harm.