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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Secrecy of Deliberations

Arman Sarvarian, Maria Louca

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 30 October 2020

Subject(s):
Arbitration, procedure — Judges

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 The vast majority of courts and tribunals, whether international or municipal, follow the basic rule of secrecy of deliberations (Kolb, 2013, 979). Its rationale is to enable judges to communicate free from any form of outside pressure, thus facilitating the proper administration of justice (Kolb, 2013, 979). It assumes that judges who deliberate privately are better able to exchange views frankly, safe in the knowledge that they may do so without fear of adverse consequences for having expressed them under the cloak of judicial secrecy. Conversely, judges who...
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