Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
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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?
 
Serbia
The Arbitration Act does not explicitly regulate the confidentiality of arbitration. However, as confidentiality is arguably considered one of the general principles of arbitration, it may follow that this is also implied under Serbian law. However, without any explicit provisions to this effect, uncertainty remains not only regarding whether confidentiality applies, but also regarding the extent to which it applies. Therefore, if the parties wish to ensure the confidentiality of arbitration proceedings, they are advised to agree on this explicitly, either in the underlying agreement or terms of reference or through the application of certain procedural or institutional rules that prescribe it.

For more information about this answer please contact: Jelena Bezarević Pajić from Schoenherr Attorneys at Law
15.2
Are there any exceptions to confidentiality?
 
Serbia
As a duty of confidentiality is not prescribed by the Arbitration Act, there are no explicit exceptions thereto under this law.

For more information about this answer please contact: Jelena Bezarević Pajić from Schoenherr Attorneys at Law