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Arbitration recontextualized
Author(s) -
CORONA ISABEL
Publication year - 2011
Publication title -
world englishes
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.6
H-Index - 49
eISSN - 1467-971X
pISSN - 0883-2919
DOI - 10.1111/j.1467-971x.2010.01692.x
Subject(s) - arbitration , confidentiality , argument (complex analysis) , duty , publicity , business , reputation , law and economics , public relations , political science , law , sociology , biochemistry , chemistry
One of the cornerstones of international commercial arbitration has been its private character and implied duty of confidentiality in the proceedings. Although arbitration hearings are certainly closed and private, it is considered more questionable that the process is confidential. The increasing demand for more open communication is paving the way for a growing tendency for the parties to disclose to the media not only the facts of arbitration but also, and more importantly, their arguments. This study investigates the nature and function of publicity of arbitral proceedings through the analysis of corporate claimed performance and the media perception of that performance in a commercial dispute which had a great impact in the public sphere. The data gathered comes from the companies’ web pages and online media reports, commentaries and blogs, as well as insights from arbitration practitioners. The main argument rests on the claim that arbitration cases are publicized by the parties as part of their corporate communication strategies more with a view to protect their interests and reputation than to benefit from the presumed duty of confidentiality.