Arbitration is often assumed to be confidential because of the private nature of the proceedings. Indeed, users of arbitration often cite ‘Confidentiality’ as an important advantage over court litigation.

However, there is a significant distinction between privacy, which relates to the closed nature of the hearing, and confidentiality, which may or may not attach to any information, materials and documents Disclosed between the parties, including the award. Confidentiality in this context refers to the obligation on the parties not to disclose information concerning the arbitration to third parties.

National legal systems take conflicting approaches as to whether arbitration is presumptively confidential as well as to the scope of any implied confidentiality obligations. The extent to which arbitration is confidential will depend on the agreement between the parties, the applicable law and the arbitral institution or ad hoc procedural rules chosen by the parties.

Maintaining the confidentiality of arbitral proceedings and associated documents is often important to parties engaging in arbitration as means of dispute resolution. In the absence of express agreement, confidentiality in arbitration is determined by a matrix of national