Privacy and Confidentiality in International Commercial Arbitration
摘要
This paper examines the distinct concepts of privacy and confidentiality in the context of arbitration, particularly as their usage has evolved since the late twentieth century. Traditionally, these terms were often used interchangeably; however, a clear differentiation has emerged. Privacy pertains to the exclusion of third parties from arbitration proceedings, while confidentiality relates to the protection of sensitive information from disclosure. This distinction is critical, especially in closed-door hearings, where the parties may not be strictly bound by confidentiality rules. Understanding these nuances is essential for legal practitioners and parties involved in arbitration to navigate the complexities of these concepts effectively.