Abstract

The Precedential Effect of Increasing Transparency

By Maria Eugenia Ramirez and Daniela Tagtachian

English

There has been a growing trend to increase transparency within international arbitration institutions. Arbitration literature focuses on the risks of sacrificing confidentiality while striving to increase transparency. Even if the concerns regarding confidentiality are satisfied, the precedential effect of increasing transparency can have wide-ranging consequences that should be addressed. The International Chamber of Commerce (ICC) recently entered into a cooperation agreement with Dispute Resolution Data (DRD) in order to increase transparency regarding 'process information' about closed international arbitration cases (including a 'forecast' section of DRD's analysis, which covers arbitration outcomes by case type). This article explores the recent tendency to increase transparency and the consequences thereof, paying particular attention to the possible increase in the weight of precedent in arbitral proceedings.