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Chapter 13 - Confidentiality - International Arbitration Law And Practice, Third Edition

Author(s): 
Mauro Rubino-Sammartano
Page Count: 
16 pages
Media Description: 
1 PDF Download
Published: 
January, 2014
Practice Areas: 
Confidentiality,
Applicable Law,
Evidence
Tags: 
Oral Evidence,
Documentary Evidence
Author Detail: 

Mauro Rubino-Sammartano is a Partner at LawFed-BRSA.  Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.

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Description: 

Originally from International Arbitration Law and Practice, Third Edition

13.1. Express or Implied Confidentiality

Even if there is a general belief that in arbitral proceedings there is a duty of confidentiality, confidentiality is rarely the object of legislation in domestic or international arbitration.

There is indeed just the general consensus that “arbitration is not a spectator sport.”

Nonetheless, “confidentiality” is not a synonym for privacy1 for everyone.

It has been remarked2 that

“the concept of privacy would have no meaning if participants were required to arbitrate privately by day while being free to pontificate publicly by night.”

Table of Contents: 

CHAPTER 13: CONFIDENTIALITY

Source of Confidentiality
13.1 Express or Implied Confidentiality

Applicable Law
13.2 The Applicable Law

Ambit of Confidentiality
13.3 Transparency
13.4 Subjective and Objective Ambit
13.5 The Very Existence of Arbitral Proceedings
13.6 Documentary Evidence
13.7 Oral evidence
13.8 The Proceedings
13.9 Publication and Its Award

Breaches and Sanctions
13.10 Breaches of Confidentiality
13.11 Sanctions for Breach