The Kluwer Arbitration Blog had a recent post discussing the the issue of whether international arbitral awards should be published. As this parallels the arguments we find in U.S. arbitration, we thought you might be interested in reading it. The authors, Alexis Mourre and Alexandre Vagenheim, elaborate on the following questions:
1. Is Arbitral Jurisprudence anything more than a myth?
2. How does persuasiveness of past awards operate?
3. Is Precedent the product of the intrinsic qualities of one or more particularly well-reasoned awards?
4. Why do arbitral awards need to be available?
5. Why is reliance on arbitral precedents not frequent?
6. Should all awards be published?
7. Should awards be published with the names of the arbitrators?
8. How could a mass publication of complete, unabridged awards be achieved?
9. Is confidentiality a valid objection to the publication of arbitration awards?
10. Is there really an overriding principle of confidentiality?
Read the post here: Arbitral Jurisprudence in International Commercial Arbitration: The Case For A Systematic Publication Of Arbitral Awards In 10 Question…, Kluwer Arbitration Blog, May 28, 2009.