The extent to which arbitral proceedings are confidential has been the subject of conflicting interests, divergent legislation and regulations and evolving case law. This publication traces the history of changing attitudes to the subject of confidentiality in arbitration, identifies the issues at stake and draws the lessons to be learned from this complex debate. It addresses the question of whether and to what extent there is an obligation of confidentiality in arbitration and its impact on the conduct of the proceedings.

The authors present and analyse institutional rules, national legislation and seminal court decisions in jurisdictions across the world and offer insights into the practical means of addressing the problems confidentiality may raise for parties and arbitrators in arbitral proceedings. Comparing differing cultural approaches to this highly topical subject, Confidentiality in Arbitration will be of interest to practitioners and academics alike.

Download the Foreword in English and in French. This publication is also available in French.