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This document is part of the ICC Dispute Resolution Library.
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Publisher: Image of Publisher which is The International Chamber of Commerce (ICC DRL)
Type: Books
Publication Date: 24 October 2022
Language: English
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Transparency’s contribution to legitimacy

173.

1. It is fitting that reflections on ‘transparency's contribution to legitimacy' would find inclusion in a collection devoted to Alexis Mourre and his legacy of leadership at the ICC Court of Arbitration. In writings, speeches, and through institutional reforms during his tenure, Alexis has distinguished himself as one of the more effective promoters of transparency in international arbitration. In pressing his case for positive change, he has rightly linked transparency to the most essential feature of arbitration: trust.

2. This essay recalls the concrete ways that transparency in ICC arbitration has been improved under Alexis' stewardship. In taking stock of these changes, it is essential to recall the controversies and counter-arguments that made them unorthodox, even a short time ago. While transparency is generally recognised as intrinsically good, and a feature of trustworthy justice (1.) many viewed the traditional observance of confidentiality in arbitration, and the risk of increased costs, as real obstacles to transparency (2.). Such debates have now been settled by balanced and pragmatic solutions that afford users—and future users—of ICC arbitration greater access to information (3.). These measures are bound to increase the credibility of ICC arbitration as a robust and fair means of dispute resolution.

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