The Duty of Confidentiality Within The Global Landscape

Abstract

First paragraph: Commercial arbitration is frequently said to be private and confidential. Confidentiality is often pointed out as one of the main advantages and reasons why the parties have chosen arbitration as the means of resolving commercial disputes. This widely acknowledged characteristic has led the parties to believe that they can keep their disputes from the gaze of the outside world and potential court proceedings at the enforcement stage. As the 2010 Study on Confidentiality demonstrated ‘50% of respondents erroneously believe that arbitration is confidential even where there is no specific clause to that effect in the arbitration rules adopted or the arbitration agreement and 12% did not know whether arbitration is confidential in these circumstances.’