SSS · Dispute Resolution

Are arbitration proceedings confidential?

As a rule, yes: unlike proceedings before a state court, arbitration hearings and the award are not open to the public. But the confidentiality comes largely from the agreement of the parti…

Updated · July 20261 min readCategory · Dispute Resolution
Short answer

As a rule, yes: unlike proceedings before a state court, arbitration hearings and the award are not open to the public. But the confidentiality comes largely from the agreement of the parties and from the rules of the arbitral institution chosen — the ISTAC, ICC and DIS rules all expressly regulate the confidentiality of the proceedings — and the arbitratio…

As a rule, yes: unlike proceedings before a state court, arbitration hearings and the award are not open to the public. But the confidentiality comes largely from the agreement of the parties and from the rules of the arbitral institution chosen — the ISTAC, ICC and DIS rules all expressly regulate the confidentiality of the proceedings — and the arbitration provisions of the International Arbitration Law (No. 4686) and the Code of Civil Procedure (No. 6100) complete that frame.

To strengthen the reach of confidentiality it is worth adding a specific confidentiality clause to the arbitration agreement itself. Against that, if the award comes before a court for annulment or enforcement, part of the process can become public. In disputes where trade secrets, reputation and business relationships have to be protected, this confidentiality is one of the principal reasons for choosing arbitration in the first place.

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