Comparative Guides
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Results: 4 Answers
International Arbitration
15.
Confidentiality
15.1
Is arbitration seated in your jurisdiction confidential? Is a duty of confidentiality found in the arbitration legislation?
 
Singapore
The AA and the IAA do not explicitly impose a duty of confidentiality. However, a party may apply to have hearings otherwise than in open court and for other measures to preserve the confidentiality of the proceedings in relation to arbitration (Sections 56 and 57 of the AA; Sections 22 and 23 of the IAA).

An implied obligation of confidentiality in arbitrations has been recognised by the Singapore courts (AAY v AAZ [2011] 1 SLR 1093; Myanma Yaung Chi Oo Co Ltd v Win Win Nu [2003] 2 SLR(R) 547).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

For more information about this answer please contact: Alvin Yeo from WongPartnership LLP
15.2
Are there any exceptions to confidentiality?
 
Singapore
The scope and nature of the exceptions to the obligation of confidentiality have not been exhaustively and precisely identified by the Singapore courts. Currently, the exceptions to the obligation of confidentiality that have been recognised include the following (Myanma Yaung Chi Oo Co Ltd v Win Win Nu [2003] 2 SLR(R) 547; AAY v AAZ [2011] 1 SLR 1093):

  • Consent (whether express or implied) has been obtained from the party which originally produced the material;
  • An order or leave of the court has been obtained;
  • Disclosure is reasonably necessary for the protection of the legitimate interests of one party; or
  • The public interest or the interests of justice require disclosure.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

For more information about this answer please contact: Alvin Yeo from WongPartnership LLP