Confidentiality under the Arbitration Rules of Major Arbitral Institutions and UNCITRAL Checklist (International)

Summary

Confidentiality is often cited as one of the cornerstones of the arbitral process and one of the reasons why parties opt for arbitration over court litigation. The reality is, however, that confidentiality is not a given and will be determined by a matrix of national legislation, court decisions and applicable arbitration rules. Confidentiality should not be assumed and an express agreement should be considered to ensure the required levels of protection are provided.