PAOLO COMOGLIO is a Lawyer and Lecturer in Arbitration Law at University Carlo Cattaneo LIUC of Castellanza (Italy). He holds a Ph.D. in General Theory and Procedural Comparison at University of Urbino(Italy).
CHIARA RONCAROLO is founding member and Partner of the Law Firm Randazzo & Roncarolo stp, with head offices in Vercelli, Italy. She developed expertise in arbitral proceedings and ADR techniques as secretary, arbitrator and counsel in national and international commercial arbitration procedures. Ms. Roncarolo advises and assists parties including legal entities, companies and individuals, in contractual, business and commercial negotiations and legal actions. She participates in workshops and study groups on arbitration.
According to a common and widespread opinion, the distinctive feature of arbitration is confidentiality.2
This assumption has long been accepted uncritically by scholars and jurisprudence, like an axiom, even in the absence of a specific agreement of the parties and of an express provision of law.3
Problems do not arise, or arise definitely less, if the parties agree on specific duties of confidentiality directl, with a specific clause, or indirectly, referring to rules of arbitration institutions that include such constraints.