Towards a Uniform Approach to Confidentiality of International Commercial Arbitration by Elza Reymond-Eniaeva

Author:Elza Reymond-Eniaeva
Language: eng
Format: epub, pdf
ISBN: 9783030190033
Publisher: Springer International Publishing

4.2.2.2 Arbitration Rules

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As compared to national arbitration laws, arbitration rules tend to provide more specific regulation on the issue of confidentiality with regard to the very existence of arbitration proceedings. The provisions of several institutional arbitration rules include specific language on this issue. For example, Art. 22.2 of the ACICA Arbitration Rules provides the following:

The Parties, the Arbitration Tribunal and ACICA shall treat as confidential and shall not disclose to a third party without prior written consent from the parties all matters relating to the arbitration (including the existence of the arbitration), the award, materials created for the purpose of the arbitration and documents produced by another party in the proceedings and not in the public domain except […] (italics added).

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