Commentary

5.2 Confidentiality and enforceability

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

5.2 Confidentiality and enforceability

| Commentary

5.2 Confidentiality and enforceability

A factor in favour of arbitration is that arbitration proceedings are confidential. If the dispute involves highly sensitive information, or the parties simply do not wish their dispute to be publicly known, arbitration will generally allow a more private resolution. Court proceedings are a matter of public record: the court system has a record of the fact there is a dispute; that record and all the documents held by the parties are now normally available for inspection by any person; and where a senior court is involved, there is likely to be a published judgment available

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial