Die Veröffentlichung von Schiedssprüchen als Beitrag zur Normbildung

Commercial arbitration is an important and much-used dispute resolution option in today's global trade. Its success, however, comes at a price. Unlike their court counterparts, arbitral proceedings are generally confidential and decisions rarely become public. As a result, legal development in many areas of commercial life is increasingly being hampered. This has consequences not only for the involved parties, but also for the norm-building process as a whole. Against this background, Philip Wimalasena calls for more transparency in commercial arbitration and for the systematic publication of arbitral awards. He analyses the structural prerequisites of a comprehensive publication practice and makes concrete recommendations for the anonymous publication of arbitral decisions.