Vientos De Cambio En La Confidencialidad Del Arbitraje
En el reciente Congreso Internacional de Arbitraje organizado por el Instituto Peruano de Arbitraje (IPA) en Lima a finales de Abril, entre muchos otros temas de interés, se abordó el relacionado a la confidencialidad a que usualmente están sujetos los procesos arbitrales, en contraposición a la creciente ola por la transparencia a nivel mundial que en alguna medida está empezando a cuestionar la confidencialidad -cuando menos de algunos aspectos- de las actuaciones arbitrales.
No cabe duda que la confidencialidad ha sido un bastión del Arbitraje Comercial, permitiendo a las partes en conflicto mantener en reserva la disputa entre ambos. Si bien la confidencialidad se ve limitada o impedida en los casos de Arbitraje de Inversión por otras circunstancias más relacionadas con el hecho de que una de las partes es un Estado que a su vez está sujeto a normas de transparencia, es previsible un creciente movimiento que propugnará por hacer públicos...
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