Confidentiality under the arbitration rules of major arbitral institutions and those of UNCITRAL
Confidentiality under the arbitration rules of major arbitral institutions and those of UNCITRAL

The following Arbitration guidance note provides comprehensive and up to date legal information covering:

  • Confidentiality under the arbitration rules of major arbitral institutions and those of UNCITRAL
  • Confidentiality and the Abu Dhabi Commercial Conciliation & Arbitration Centre (ADCCAC)
  • Confidentiality and the China International Economic and Trade Arbitration Commission (CIETAC)
  • Confidentiality and the Dubai International Arbitration Centre (DIAC)
  • Confidentiality and the Hong Kong International Arbitration Centre (HKIAC)
  • Confidentiality and the International Court of Arbitration of the International Chamber of Commerce (ICC)
  • Confidentiality and the International Centre for Dispute Resolution (ICDR)
  • Confidentiality and the London Court of International Arbitration (LCIA)
  • Confidentiality and the Singapore International Arbitration Centre (SIAC)
  • Confidentiality and the Arbitration Institute of the Stockholm Chamber of Commerce (SCC)
  • more

Confidentiality is often cited as one of the cornerstones of the arbitral process and one of the reasons why parties opt for arbitration over court litigation. The reality is, however, that confidentiality is not a given and will be determined by a matrix of national legislation, court decisions and applicable arbitration rules. Confidentiality should not be assumed and an express agreement should be considered to ensure the required levels of protection are provided.

For more guidance on the law of confidentiality in arbitration proceedings, see Practice Notes: Arbitration and confidentiality at common law (England and Wales) and Confidentiality in international arbitration.

Each of the major sets of arbitration rules contains confidentiality provisions in some form and it is important to be clear about the applicable confidentiality provisions in each relevant arbitration. This Practice Note isolates the key provisions on confidentiality under those arbitration rules, in alphabetical order.

Confidentiality and the Abu Dhabi Commercial Conciliation & Arbitration Centre (ADCCAC)

The Abu Dhabi Commercial Conciliation & Arbitration Centre (ADCCAC) Procedural Regulations of Arbitration 2013 provide at article 33 that:

'The parties shall be committed to maintain the confidentiality of awards, all materials and documents, expert reports submitted in arbitration proceedings, as well as witness statements, records and all procedures unless otherwise required by law or agreed upon in writing by the parties.

The deliberations of the