TRANSPARÊNCIA E PUBLICIDADE NOS PROCEDIMENTOS ARBITRAIS: CONFIDENCIALIDADE VERSUS INTERESSE PÚBLICO

The article discusses transparency and publicity in arbitration proceedings, addressing the conflict between confidentiality and public interest, particularly in cases involving public administration. The research analyzed the Brazilian legal framework and found that, although confidentiality is a core principle in arbitration, there is a growing need for greater transparency, especially in public disputes. To address this tension, the Arbitral Transparency Index (ITA) was proposed, a model that categorizes the level of transparency based on the specifics of each case. The study concludes that confidentiality and transparency can be reconciled, provided that proper normative and practical adjustments are made.