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Appendix 24 - ASA Special Series No. 43 Confidential and Restricted Access Information in International Arbitration

Author(s): 
ASA - Swiss Arbitration Association
Page Count: 
2 pages
Published: 
February, 2016

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Description: 
 
Appendix 24
 
Excerpt of hearing transcript on "Confidentiality of the Transcript"

CONFIDENTIALITY OF THE TRANSCRIPT
TRANCRIPT
Claimant’s application
[..] Now based on past experience that we just had and based on past
events I think we seek an injunction from disclosing the transcript of
this hearing to anyone. Actually, we are concerned that the witness
testimony made today, which we consider contain, many calumnies,
could be taken wrongly at face value by reporters, not to say
unscrupulous reporters, and damage to the reputation of the Claimant
would be irreparable. That is why we really request this injunction.
***
TRANSCRIPT - Tribunal’s decision
Claimant has applied for an order requiring that the transcripts of this
witness hearing be retained exclusively by the parties’ counsel of
record in this arbitration and not provided to the parties themselves or
any third parties.
Claimant proposes that the parties would be at liberty to review the
transcripts at the premises of their counsel and would not be entitled to
possession of the transcripts.
Claimant seeks this order on the grounds that X’s testimony of
yesterday included statements that would damage the reputation of the
Claimant. Claimant thus seeks to prevent Respondents from
disseminating the transcript of his testimony.
In international arbitration it is the usual practice for the parties to have
full access to all evidence and submissions filed in the arbitration
subject to any confidentiality obligations that have been agreed by the
parties.
Where measures are put in place to limit access to evidence to the
parties’ counsel as opposed to the parties themselves such measures
are usually justified on a basis that a party wishes to prevent disclosure
of its own confidential information to the adverse party.
The situation here is different.
Claimant is not seeking to protect the confidentiality of his own
information or evidence, rather Claimant is seeking to prevent
Respondents from having full access to the transcript of their own