Jurnal Cendikia ISNU SU
Vol. 3 No. 1 (2026): ISNU Cendikia Januari

Confidentiality In The Arbitration Process And Its Implications For Legal Transparency

Fitria Mukhtar Siregar (Universitas Islam Negeri Sumatera Utara)
M. Abdillah (Universitas Islam Negeri Sumatera Utara)
Suci Hidayati Malau (Universitas Islam Negeri Sumatera Utara)
Raja Muda Pahlevi Siregar (Universitas Islam Negeri Sumatera Utara)



Article Info

Publish Date
30 Jan 2026

Abstract

This paper examines the application of the confidentiality principle in arbitration and its implications for legal transparency. Arbitration, as an alternative dispute resolution mechanism, emphasizes efficiency, procedural flexibility, and the protection of parties’ interests, with confidentiality serving to safeguard sensitive information, trade secrets, and corporate strategies. Using a qualitative descriptive-analytical approach, data were collected through literature studies, including legislation, arbitration rules, awards, and academic sources. The research was conducted systematically in several stages: identification of issues, collection of secondary data, qualitative analysis through thematic coding, and formulation of conclusions and recommendations. The findings indicate that while confidentiality ensures secure dispute resolution and protects business interests, it can hinder transparency, limit public access to legal information, and create uncertainty for third parties. Legal mechanisms, such as judicial oversight and anonymized award publications, alongside digital security measures, are essential to balance confidentiality and transparency. These approaches contribute to the development of consistent, accountable, and modern arbitration practices.

Copyrights © 2026






Journal Info

Abbrev

jcisnu

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Jurnal Cendikia ISNU SU is a scholarly platform dedicated to advancing research and critical discussions in the field of law. The journal embraces a wide range of topics that reflect the dynamic development of legal studies, both in national and international contexts. The scope of the journal ...