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?
 
South Africa
Confidentiality is not prescribed by the International Arbitration Act and will be determined with reference to the arbitration agreement.

In accordance with Section 11(1) of the act, all arbitrations in which a public body is a party are to be held in public, unless for compelling reasons the tribunal directs otherwise.

Where the arbitration is to be held in private, the award and all documents created for the arbitration (and not otherwise in the public domain) must be kept confidential by the parties and the tribunal, except to the extent required by reason of a legal duty to disclose or to protect or enforce a legal right.

For more information about this answer please contact: Jonathan Ripley-Evans from Herbert Smith Freehills
15.2
Are there any exceptions to confidentiality?
 
South Africa
Yes, confidentiality will not apply where a party (or the tribunal) is required by reason of a legal duty to disclose or in order to protect or enforce a legal right.

Article 11(1) of the International Arbitration Act prescribes that where one party to the arbitration is a public body, the arbitration is to be held in public.

For more information about this answer please contact: Jonathan Ripley-Evans from Herbert Smith Freehills