AAA/ICDR Handbook on International Arbitration PracticePreview Page
CONFIDENTIALITY IN ARBITRATION:
A VALID ASSUMPTION?
A PROPOSED SOLUTION!
Claude R. Thomson and Annie M. K. Finn∗
Most parties to arbitration assume that the private nature of the
process will ensure that the evidence, the proceedings and the award will
be kept private and confidential and that sensitive or embarrassing
records and activities will not be subjected to public view. Many parties
select arbitration as a dispute resolution process precisely to secure
privacy and confidentiality.
Parties to a commercial arbitration would be surprised to learn that
the assumption of confidentiality may not always be valid. Over the past
decade, authors have directed much attention to the debate over the
principle of confidentiality in both domestic and international arbitration.
While courts in some countries have recognized an implied duty of
confidentiality, recent case law developments in other countries have not
and they protect confidential information only when the circumstances
This chapter examines the current state of the law relating to
confidentiality and the steps that may be taken to secure as much
confidentiality as the law will permit.
Full TABLE OF CONTENTS from "AAA/ICDR Handbook on International Arbitration Practice"
By Alan Redfern
PART I: Issues in International Arbitration Practice and Procedure
Confidentiality in Arbitration: A Valid Assumption? A Proposed Solution!
By Claude R. Thomas and Annie M. K. Finn
10 Tips for Beginning Practitioners from an ICDR Case Manager
By Carmen Casado
Paying Attention to "Culture" in International Commercial Arbitration
By William K. Slate II
A Fair and Efficient International Arbitration Process
By John Fellas
Civil and Common Law: Contrast and Synthesis in International Arbitration
By Urs Martin Laeuchli
PART II: International Arbitration Forum Selection
International Arbitral Jurisdiction: When Taking Control Goes Out of Control
By Philip D. O'Neill Jr.
Selecting an Arbitral Institution to Administer International Arbitration: Are National or Regional Centers a Viable Option?
By John B. Tieder, Jr.
Saving Time and Money in Cross-Border Commercial Disputes
By Walter G. Gans
Reconsidering a Court of International Arbitration
By Conrad K. Harper
PART III: International Arbitration Procedure
Interim and Emergency Relief in Arbitration Proceedings
By Ira M. Schwartz
Starting an International Commercial Arbitration: Using a Preliminary Hearing Letter
By Carol Chave
The Chess Clock: A Time-Management Technique for Complex Cases
By Mark E. Appel
Managing an International Arbitration: A Practice Perspective
By Claude R. Thomson and Annie M. K. Finn
Navigating Muddy Waters: Anti-Foreign Suit Injunctions in Aid of Compelling Arbitration
By Chris Karagheuzoff and Eric Epstein
Arbitrator Discretion: Should it be Restricted by Party Stipulation of Governing Procedural Rules?
By James J. Sentner, Jr.
PART IV: Discovery and Evidence in International Arbitration
Managing Discovery in International Arbitration
By Bernardo M. Cremades
Presenting, Taking and Evaluating Evidence in International Arbitration
By Karl-Heinz Böckstiegel
Electronic Discovery in International Arbitration (Revisited)
By Jonathan L. Frank and Julie Bédard
Written Witness Statements: A Practical Bridge of the Cultural Divide
By John A. Wolf and Kelly M. Preteroti
Cross-Examination in International Arbitration
By Mark A. Cymrot
The ICDR Guidelines for Information Exchanges in International Arbitration: An Important Addition to the Arbitral Toolkit
By John Beechey
PART V: Ethics in International Arbitration Practice
Comparing Arbitrator Standards of Conduct in International Commercial, Trade and Investment Disputes
By Omar E. García-Bolívar
Negotiating in Good Faith
By David I. Bristow and R. Brendan Bissell
Dealing with Arbitrator "Issue Conflicts" in International Arbitration
By Judith Levine
Arbitrator's Disclosure Standards: The Uncertainty Continues
By Claudia T. Salomon, Juan M. Alcalá and Camilo Cardozo
PART VI: Damages, Review and Enforcement of International Arbitration Awards
Costs in International Commercial Arbitration
By Murray L. Smith
Interpreting the New York Convention: A U.S. Perspective
By Tong Wang
Sovereign Immunity and the Enforcement of Arbitral Awards Against State Entities: Recent Trends in Practice
By A.F.M. Maniruzzaman
In International Arbitration, Disclosure Rules at the Place of Enforcement Matter Too
By Peter L. Michaelson
Enforcing Foreign Arbitration Awards
By Elisabeth M. Senger-Weiss