The paper discusses the role of confidentiality in international arbitration. More particularly, it discusses confidentiality and its significance in international commercial arbitration. Then, the nature of knowledge existing in various jurisdictions regarding confidentiality, the perception towards it, and the laws governing its operations will be discussed. Furthermore, emphasis will be given to the role of the arbitrators to navigate through these unwieldy cobwebs of confidentiality and their navigation through the arbitration process. The findings of this paper imply that this is an important aspect when considering the presence of an arbitration clause, and while confidentiality is not expressly mentioned, there is a strong belief among the parties that the arbitration would prevent revealing of truly confidential material and, at the same time, avoid some unwanted negative publicity for the companies. This lack of explicit language on confidentiality in the arbitration agreement creates problems during and post-arbitration, thus affecting the parties and arbitrators involved. In other words, far more should be done going forward, starting from the drafting of the agreement, to make the confidentiality aspect of the arbitrations much more secure.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Expectation of Confidentiality in Arbitration and Its Challenges

  • Mahmood Al Shehab,
  • Raed Alnimer

摘要

The paper discusses the role of confidentiality in international arbitration. More particularly, it discusses confidentiality and its significance in international commercial arbitration. Then, the nature of knowledge existing in various jurisdictions regarding confidentiality, the perception towards it, and the laws governing its operations will be discussed. Furthermore, emphasis will be given to the role of the arbitrators to navigate through these unwieldy cobwebs of confidentiality and their navigation through the arbitration process. The findings of this paper imply that this is an important aspect when considering the presence of an arbitration clause, and while confidentiality is not expressly mentioned, there is a strong belief among the parties that the arbitration would prevent revealing of truly confidential material and, at the same time, avoid some unwanted negative publicity for the companies. This lack of explicit language on confidentiality in the arbitration agreement creates problems during and post-arbitration, thus affecting the parties and arbitrators involved. In other words, far more should be done going forward, starting from the drafting of the agreement, to make the confidentiality aspect of the arbitrations much more secure.