Raising the Curtain on English Arbitration

Commercial arbitrations that take place in London are automatically concealed behind a curtain of secrecy. In a world where transparency is prized as an end in itself, is this still sustainable? The authors answer ‘no’, and propose that the implied duty of confidentiality that still survives in England—but which, globally, is increasingly rare—now be brought to an end. The authors recognize that the potential for confidentiality is a virtue of the arbitral process, but believe that confidentiality should be an option, not a presumption. They further believe that this is a matter of policy that deserves to be addressed by the legislature at the time of any future amendment to the Arbitration Act of 1996.