الهيئة الدولية للتحكيم

الهيئة الدولية للتحكيم : Published by

التحكيم التجاري الدولي
international commercial arbitration


Chapter 8 deals with confidentiality in arbitration. The ability to keep arbitral
proceedings and outcomes confidential is a benefit over court adjudication where
hearings are often held in open court and judgments are made publicly available.
Parties may agree expressly that the arbitration be confidential, or the duty of
confidentiality may be implied. They must consider exactly what they are keeping
confidential – is it trade secrets and commercially sensitive information, is it the
documents and witness statements, the award, or the fact that there is a dispute
which is being arbitrated? What happens if a party breaches confidentiality – what
is the remedy? There is interest in the award being widely available, because a
consistent approach to international commercial arbitration is desirable. For this
reason, abstracts of arbitral awards, with identifying matter removed, are often
published.


الهيئة الدولية للتحكيم