Some say that transparency is just the absence of bias, however, transparency in arbitration pertains to operating in a way that is easy for involved parties to see what actions are being performed to reach a resolution.
Here we will discuss how transparency is a must to achieve justice and to give people a vote of confidence in the system.
Facilitation of transparency in arbitration
One of the key benefits of arbitration is how the procedure is kept confidential from the world at large. However, the confidentiality of the procedure should not be kept secret amongst involved parties, which is where transparency comes into play.
Commercial law expert and current Solicitor-Advocate and Partner at Mishcon de Reya LLP Mark Deem explains that transparency in the process of arbitration and people’s trust in it goes hand-in-hand.
“Transparency can and needs to exist in a confidential setting — if you’re going to have trust in the process, that must be put in place. Transparency and trust often go hand-in-hand. Without transparency in the procedure and how it is intended to work, the dispute resolution process could go askew,” he says.
To ensure transparency, an important guideline for an arbitrator is to declare previous, current, and future instances where conflict of interest to any involved parties may account — they should disclose any and all connections to every party. They must also inhibit from participating in the arbitration procedure if they are aware of any conflict of interest that may arise from their participation.
Parties are also given the privilege of agreeing to their set terms. They will be made aware of how the procedure will take place, and as mentioned earlier, they themselves have the right to put in place guidelines, as approved by the appointed arbitrator.
The importance of transparency in arbitration
Deem emphasizes that being transparent in the arbitration process does not mean that the confidentiality aspect is totally removed, instead, it is enhancing the real value of arbitration—the establishment of trust.
“People come to it with a belief that it is the correct dispute mechanism that then has to be reciprocated with transparency to create the trust,” he points out.
Transparency ensures that every part of the process is fair to everyone involved. Parties will be given the opportunity to discuss with the arbitrator and the other party how the conflict resolution process will be conducted, keeping them aware and cautious of their actions.
With that, parties will be more accountable for their own actions that will take place as they resolve the conflict. It will keep everyone in check that they are able to fulfill the agreed-upon terms of the arrangement.
The transparency of the Jur platform
With Jur, users—both parties and arbitrators—will be able to experience a level of transparency that will be beneficial to those involved in the arbitration procedure.
One of the main features of Jur is that parties will be able to strike out arbitrators who may have some level of conflict of interest to the procedure. However, it ensures to maintain a level of fairness with the set limit to the number of strikeouts a party can make.
Users also have visibility on every step of the arbitration process even before the procedure takes place. This way they are given an overview that will guide them throughout the conduct of the arbitration to ensure that they are aware of what they will have to do and what will be done to resolve the conflict at hand.
The platform also offers a clear and transparent communication channel for its users to keep track of every correspondence between arbitrators and among involved parties. With this, users can say goodbye to long email threads and missing pertinent files that will be used to arrive at an award.
Transparency remains at the forefront of Jur’s platform, by giving its users a clear path on achieving conflict resolution with a streamlined correspondence during the whole procedure.
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