"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Thursday, May 7, 2009

Secrecy and Arbitration

Kluwer Arbitration Blog contains a post on public access to arbitration proceedings, especially in the Permanent Court of Arbitration and the WTO. The post refers to an article in The Economist on secrecy in arbitration, which can be found here. The reasons for the need for secrecy in arbitration are interesting. But are those reasons legitimate?

1 comment:

Jasmine Joseph said...

Thanks Badri for the lead.
What is the position of India in its bilateral/multilateral treaties. Open and transparent arbitration process can be claimed, right? Will Indian negotiators; government, private and psu's, make this a condition or will they be advised/mandated to do so is an issue I think that need to be addressed. Secrecy can not be an inviolable norm when held against public interest.