Confidentiality

Arbitration, Arbitration clause, Arbitrators, Artificial Intelligence, Blockchain, Confidentiality

(Shehata & Partners, Maastricht University)/ /1 Comment

Introduction: Two of the most frequent buzz words in our world right now are without doubt: Blockchain & Artificial Intelligence (“AI”). Both technologies have definitely grabbed the attention of the international arbitration community, however, most of the current literature contemplates far-fetched scenarios and how these technologies can revolutionize the world of international arbitration. These articles…

Arbitration, Confidentiality, International Commercial Arbitration, Scope of Confidentiality

(DLA Piper)/ /2 Comments

Confidentiality is usually mentioned among the advantages of international commercial arbitration (ICA). The thought that confidentiality is an innate attribute, seems to be an attractiveness considered to choose ICA to settle disputes. For a long time, it did not seem to be questioned that the private nature of the arbitration process also forced the parties…

Applicable Law, Appointment of arbitrators, Blockchain, Confidentiality, Contract Drafting, New York Convention, Seat of the arbitration

(Shehata & Partners, Maastricht University)/ /2 Comments

This post, which continues the topic considered here and here, discusses the main issues to consider when choosing arbitration to resolve smart contracts disputes, and lists a number of red flags that emerge from a survey of white papers on arbitrating smart contract disputes prepared by the tech community. (1) The Form of Smart Contract…

Arbitration, Australia, Confidentiality

and (Herbert Smith Freehills LLP)/ /Leave a comment

Australia has been known for taking a somewhat controversial approach to the confidentiality of arbitral proceedings. However, the legislature, to the international arbitration community’s sigh of relief, has intervened to change the law and bring opt-out confidentiality to international commercial arbitrations seated in Australia (see Michael Pryles, ‘National Report – Australia’ in The ICCA International…

Arbitration, Confidentiality, Confidentiality and Transparency, ICCA Sydney 2018, Publication of Arbitral Awards, Transparency, Transparency in investment arbitrations

(Allens)/ /Leave a comment
Young ICCA

What if Facebook, as a result of its recent negative publicity, had the opportunity to file a request for arbitration against Cambridge Analytica? A key principle of international commercial arbitration is its maintenance of confidentiality, but would the public interest in such an arbitration justify greater transparency? The afternoon panel of the first day of…

Arbitration, Confidentiality, Lithuania

(Ellex Valiunas )/ /Leave a comment
Young ICCA

Since 1996, commercial arbitration in Lithuania has been regulated by the Law on Commercial Arbitration which was based on the provisions of the 1985 UNCITRAL Model Law on International Commercial Arbitration. In 2012, the Lithuanian Parliament revised the Law in accordance with the 2006 amendments to the UNCITRAL Model law. Furthermore, in order to emphasize…

Arbitral Tribunal, Arbitration, Commercial Arbitration, Confidentiality

(National Academy of Legal Studies and Research (NALSAR University of Law, Hyderabad))/ /3 Comments

The terms ‘Privacy’ and ‘Confidentiality’ had been used in arbitration interchangeably until the latter half of 20th century. While ‘Privacy’ means that no third party can attend arbitral conferences and hearings, ‘Confidentiality’ refers to non-disclosure of specific information in public. Private hearings do not necessarily attach confidentiality obligations to the parties to arbitration. The general…

Arbitration, Confidentiality, Confidentiality and Transparency, Croatia, Independence and Impartiality, International arbitration, Slovenia

(Ministry of Foreign and European Affairs of the Republic of Croatia)/ /Leave a comment

The first weeks of 2017 have again seen an exchange between Croatia and Slovenia about the continued work of the Arbitral Tribunal expected to decide this year on the course of the boundary between the two states. The Tribunal – formed under the 2009 Arbitration Agreement – will do so despite Croatia’s decision to terminate…

Arbitral Tribunal, Arbitration, Arbitration Proceedings, Best practices, Commercial Arbitration, Confidentiality, Confidentiality and Transparency, HKIAC, ICC Arbitration, ICCA, ICSID Arbitration, Independence and Impartiality, Institutional Arbitration, International arbitration, Investment Arbitration, ISDS, LCIA Arbitration, Powers of the tribunal, Procedure, SCC Rules, Secretary of the Arbitral Tribunal, SIAC, Singapore International Arbitration Centre, Tribunal Secretary, Uncategorized

, , (Clifford Chance) and (Clifford Chance Asia)/ /Leave a comment

“Help! I need somebody Help! Not just anybody Help! You know I need someone, help … And now my life has changed in oh so many ways, My independence seems to vanish in the haze …” Help raises a question of need, but does it lead to a loss of the fundamental decision-making power vested…

Confidentiality, Third party funding

(ICCA-Queen Mary Task Force on Third-Party Funding in International Arbitration)/ /Leave a comment

While the great third-party funding debate appears to centre on the issues of disclosure, arbitrator bias, security for costs, and regulation, the potential conflicts between third-party funding and confidentiality in arbitration proceedings have so far received comparatively little attention. Perhaps not rightly so, as the following example shall illustrate: The claimant in a commercial arbitration has agreed…

Arbitration, Confidentiality, Confidentiality and Transparency, Investment Arbitration, Mauritius

(School of Law, King’s College London)/ /Leave a comment

by Maria Laura Marceddu, School of Law, King’s College London Over the last years, as discussed on this blog (see here), there have been many interesting developments in the field of transparency in investor-State arbitration: the 2006 ICSID amendments, the 2013 UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (“the 2013 UNCITRAL Rules”) (see here), and…

Confidentiality, Croatia, Independence and Impartiality, Slovenia, State-to-state arbitration

(University of Aberdeen)/ /14 Comments

On July 22, 2015, the transcripts and the audio recordings of the conversations between Dr. Jernej Sekolec, one of the arbitrators in the arbitration regarding the territorial and maritime dispute between the Republic of Croatia (“Croatia”) and the Republic of Slovenia (“Slovenia”), and Ms. Simona Drenik, one of the Slovenian representatives in the proceedings, became…

Best practices, Confidentiality, Confidentiality and Transparency, Dispute resolution clause

(DLA Piper) and (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

One of the defining and distinguishing features of arbitration is the privacy that it affords parties. However, as all practitioners recognize, arbitration is rarely conducted in full secrecy and applications to vacate or confirm an award can bring the existence, subject matter, and outcome of an arbitration to the forefront of public discourse. Often times,…

Arbitration, Confidentiality, Consolidation, Due process, Efficiency, International arbitration

(LP Legal)/ /Leave a comment
ArbitralWomen

The views expressed are those of the author alone and should not be regarded as representative of or binding upon the author’s law firm.1)Dr. Pair works at LP-Legal in Zürich, Switzerland. She is licensed to practice law in the US, Germany and Switzerland, and teaches at the Universities of Geneva and St. Gallen. Consolidation of multiple…

Confidentiality, Costs, Efficiency, Investment Arbitration, Mediation

(Independent Arbitrator)/ /1 Comment

Getting over the skepticism.  Since the International Bar Association adopted its Rules for Investor-State Mediation last October, there has been an uptick in discussions regarding the topic, including a mock mediation panel presented this spring during the American Society of International Law’s Annual Meeting.  Nonetheless, investor-State mediation still faces skepticism from many arbitration professionals, both…

Arbitration, Conciliation, Confidentiality, Dispute Resolution, Investment Arbitration, Uncategorized

(University of Portsmouth)/ /5 Comments
Institute for Transnational Arbitration (ITA)

Over the last two decades the world has witnessed a spectacular growth of investor-state dispute resolution by arbitration (i.e. from a few dozen in 1992 shooting up to 514 cases by the end of 2012). But that trend could stall in the foreseeable future with the realization of the users that international arbitration (investor-state arbitration,…

Appointment of arbitrators, Arbitration, Arbitration Institutions and Rules, Arbitrator Challenges, Arbitrators, Availability of arbitrators, Confidentiality, Expert evidence, Interim Orders, International arbitration, Joinder

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment
WilmerHale

The Danish Institute of Arbitration (“DIA”) revised its rules effective May 1, 2013, an overhaul from the prior 2008 iteration of its rules that brings the DIA rules into line with those of leading arbitral institutions. As part of these revisions, the DIA has both reorganized the structure of its rules and updated various key…

Arbitral Tribunal, Arbitration, Arbitration Awards, Arbitration Proceedings, Arbitrator Challenges, Arbitrators, arbitrators’ conduct, Confidentiality, Conflicts of interest, Costs, Costs in arbitral proceedings, Damages, Disclosure, Dispute Resolution, Enforcement, Investment

(University of Portsmouth)/ /1 Comment
Institute for Transnational Arbitration (ITA)

As its Council Member I attended the ICC Institute of World Business Law’s 32nd annual meeting on ‘Third-Party Funding in International Arbitration’ held in Paris on 26 November 2012. It was a grand success as it drew many professionals, arbitrators, experts, academic specialists and, above all, representatives from some major third-party funding bodies such as…

Confidentiality, Confidentiality and Transparency, Costs in arbitral proceedings, ICC Arbitration, ICSID Convention, Investment Arbitration, NAFTA, Not-for-profit organizations (NGO), Transparency in investment arbitrations, UNCITRAL Model Law

(Independent Arbitrator)/ /1 Comment

Monday’s New York conference on “Arbitration with States and State Entities under the ICC Rules” got me thinking about the possibility of amicus submissions in investment cases before the ICC or other institutions beyond ICSID. A few musings: Are amicus debates likely to arise in the ICC context? The answer is yes. Although most ICC…

Asia-Pacific, Confidentiality, Public Policy

(Norton Rose Fulbright)/ /Leave a comment
YSIAC

Confidentiality is often a distinguishing reason why users choose arbitration over court litigation. In a 2010 International Arbitration Survey on Choices in International Arbitration, 62% of respondents said confidentiality was very important to them. Last month, a contributor to this blog observed anecdotally that in-house counsel want confidentiality especially in industries in which a dispute…

Arbitration Act, Arbitration Agreements, Arbitration clause, BIT, Confidentiality, Dispute resolution clause, Investment Arbitration

(Herbert Smith Freehills LLP)/ /Leave a comment
Herbert Smith Freehills

In a judgment dated 25 April 2012 (Lombard North Central plc and another v GATX Corporation [2012] EWHC 1067 (Comm)), Judge Andrew Smith of the English High Court (Commercial Court) underlined the potential risks that might arise from arbitration clauses which have a limited scope. Although this judgment is relevant to a number of different…

Confidentiality

(Conway & Partners)/ /Leave a comment

Over the years, many arguments have been made for what are truly the benefits of international arbitration over local litigation. There are many factors that are listed and ensuing arguments over their continued veracity. Complaints are launched about whether such factors truly remain a benefit (the largest and most obvious one which comes to mind…

Arbitration Agreements, Confidentiality, Confidentiality and Transparency

(Linklaters)/ /Leave a comment

Just a few weeks ago, an arbitral award made headlines in the German press: “Advisors in Märklin deal to pay multi-million euro fine”, “Märklin: advisors to pay damages”, “Märklin fallout: Former owner awarded $18.7 million in judgment against consultant”, to name but a few examples. According to the newspapers, the US-based consulting firm AlixPartners was…

Confidentiality

(Jones Day)/ /Leave a comment
ArbitralWomen

Confidentiality in arbitration arises through the agreement of the parties, by selecting arbitration rules with explicit provisions thereof, or under domestic statutory regulations. Few national laws regulate confidentiality in arbitration. This is because a large number of countries follow the UNCITRAL Model Law on International Commercial Arbitration, whose drafters made it clear that “confidentiality may…