Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly Hayes
Einer R. Elhauge, Petrie Professor of Law at the Harvard Law School, has authored “To Publish, or Not to Publish Arbitral Awards: That is the Question…,” 81 International Journal of Arbitration, Mediation and Dispute Management, Number 1, 2015. In his research paper, Professor Elhauge examines some potential pros and cons of establishing a publication mechanism for international commercial arbitral awards.
Here is the abstract:
The vast majority of the information concerning international commercial arbitration and the arbitrators’ decision-making method is obtained through anecdotal sources and a limited number of published awards. The aim of this article is to review the advantages and disadvantages of systematic publication of arbitral awards in order to raise further awareness of the importance of the subject. It critically analyses various suggestions for the implementation of publication mechanisms together with the establishment of awards repositories and, finally, makes some suggestions for the future.
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