To Disclose or Not to Disclose

Abstract

The disclosure duty of arbitrators does not carry a big stick: the consequence attached to its breach is near to none. The duty is carried out through a black-box judgment call; no reasoning for how the arbitrators weed out what not to disclose is made available to the parties. There may be circumstances falling under a grey area but have ended up undisclosed due to, for instance, confidentiality obligations. Exhaustive disclosure and minimum revelation of sensitive information would serve the greatest benefit of all stakeholders. Zero-knowledge proofs (ZKP) – a class of cryptographic protocols – may make this possible.