Commentary

77 Scope of the obligation of confidentiality

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

77 Scope of the obligation of confidentiality

| Commentary

77 Scope of the obligation of confidentiality

The precise scope of the obligation of confidentiality is a matter of debate. Typically, the obligation is expressed as one not to disclose or use for any other purpose any documents prepared for, disclosed or generated in the arbitration1. This will include, for example, the parties’ pleadings, witness statements and expert reports, documents produced as part of the document production process, hearing transcripts and awards. It has been suggested, however, obiter, that the obligation of confidentiality does not go so far as to prevent disclosure of the fact that an arbitration has commenced,

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