Common use of Transparency of Arbitral Proceedings Clause in Contracts

Transparency of Arbitral Proceedings. 1. Subject to Paragraph 2, the disputing Party shall make publicly available all awards and decisions produced by the arbitral tribunal. 2. Any information specifically designated as confidential that is submitted to the arbitral tribunal or the disputing parties shall be protected from disclosure to the public. 3. Any of the disputing parties that intend to use information designated as confidential information in a hearing shall so advise the arbitral tribunal. The arbitral tribunal shall make appropriate arrangements to protect the information from disclosure. 4. The hearings of the arbitral tribunal shall be closed for the duration of any discussion of confidential information. Otherwise, the hearing shall be open to the public, unless the disputing parties decide otherwise. 5. The arbitral tribunal shall not require a disputing party to provide confidential business information or confidential information the disclosure of which would impede law enforcement, or otherwise be contrary to the security interest of the disputing Party, or which would prejudice the legitimate commercial interests of particular legal entities, public or private.