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?
 
United States
The Federal Arbitration Act (FAA) does not address confidentiality and there is no case law establishing a general duty of confidentiality in arbitrations. However, the parties can provide for confidentiality in their arbitration agreement. Institutional arbitral rules also typically authorise arbitrators to issue orders protecting the confidentiality of materials. International Institute for Conflict Prevention and Resolution (CPR) Arbitration Rule 20, for example, requires the parties, the arbitrators and the CPR to treat proceedings, related document disclosure and tribunal decisions as confidential, subject to limited exceptions. Many state laws recognise the authority of the tribunal to issue protective orders and confidentiality orders.

For more information about this answer please contact: Jonathan Landy from Williams & Connolly
15.2
Are there any exceptions to confidentiality?
 
United States
Publicly held companies may be required by US securities law to disclose the arbitration proceeding if it is material to the company’s financial condition or performance. In addition, post-award judicial proceedings to confirm or vacate will likely make the award public.

For more information about this answer please contact: Jonathan Landy from Williams & Connolly