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?
 
Czech Republic
Under Section 19(3) of the Arbitration Act, the arbitral proceedings are private. Under Section 6(1) of the Arbitration Act, arbitrators are bound by a duty of confidentiality. By contrast, the parties to the arbitral proceedings and witnesses are not bound by such a duty.

For more information about this answer please contact: Vladimír Čížek from Schoenherr Attorneys at Law
15.2
Are there any exceptions to confidentiality?
 
Czech Republic
The arbitrators may be relieved from their duty of confidentiality upon the parties’ joint agreement. In addition, where there are serious grounds to do so, a presiding judge of the district court can relieve the arbitrators from their duty of confidentiality upon the request of arbitrator, a party or a person with an interest in obtaining confidential information (eg, authorities pursuing criminal proceedings). The Arbitration Act is silent on which grounds are deemed to constitute serious grounds; legal commentary suggests that these are grounds for which an award could be set aside by the court.

For more information about this answer please contact: Vladimír Čížek from Schoenherr Attorneys at Law