La participación de terceros en el arbitraje internacional
ISSN: 2445-2076
Year of publication: 2021
Issue: 38
Type: Article
More publications in: Mercantil y Concursal: revista digital
Abstract
In the field of public and private law, the public nature of judicial procedures and the principle of judicial impartiality are inherent to the rule of law, access to and public knowledge of judicial procedures provides a means to guarantee public confidence in the system legal. However, these principles are not applied in arbitration. In this, by contrast, the starting point for access to hearings is completely alien to public law. Arbitration procedures are private, there is no right of access to anyone other than the parties, even today the implicit notion of confidentiality in international arbitration can no longer be taken for granted, the privacy of hearings being highly debatable in practice .