Confidentiality is a fundamental feature of international commercial arbitration, often considered one of its primary advantages. It ensures that all materials related to the arbitration process, including the proceedings and final award, remain private. This aspect is particularly valuable in commercial disputes, where parties seek to protect sensitive business information, maintain reputational integrity, and avoid public scrutiny. Unlike litigation, which is typically conducted in an open forum, arbitration provides a controlled and private dispute resolution mechanism. However, the practical application of confidentiality is complex due to variations in legal frameworks, conflicts between transparency and privacy, and enforcement challenges across jurisdictions. This paper explores the importance of confidentiality in arbitration, identifies key challenges and limitations, and evaluates existing legal frameworks. It further proposes potential reforms to enhance the effectiveness of confidentiality in international arbitration.

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Protecting Sensitive Information: The Evolution of Confidentiality in International Arbitration

  • Aysha Ali Mohamed,
  • Raed Alnimer

摘要

Confidentiality is a fundamental feature of international commercial arbitration, often considered one of its primary advantages. It ensures that all materials related to the arbitration process, including the proceedings and final award, remain private. This aspect is particularly valuable in commercial disputes, where parties seek to protect sensitive business information, maintain reputational integrity, and avoid public scrutiny. Unlike litigation, which is typically conducted in an open forum, arbitration provides a controlled and private dispute resolution mechanism. However, the practical application of confidentiality is complex due to variations in legal frameworks, conflicts between transparency and privacy, and enforcement challenges across jurisdictions. This paper explores the importance of confidentiality in arbitration, identifies key challenges and limitations, and evaluates existing legal frameworks. It further proposes potential reforms to enhance the effectiveness of confidentiality in international arbitration.