Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
International Arbitration
Is arbitration seated in your jurisdiction confidential? Is a duty of confidentiality found in the arbitration legislation?

Answer ... The Arbitration Act imposes no obligations of confidentiality insofar as arbitration proceedings are concerned. However, the parties are free to impose such obligations in the arbitration agreement. The Arbitration and Conciliation (Amendment) Bill 2018 has proposed the insertion of a new Section 42A in the act to maintain the confidentiality of the arbitration proceedings (except the award).

For more information about this answer please contact: Manoj Singh from Singh & Associates
Are there any exceptions to confidentiality?

Answer ... The Arbitration and Conciliation (Amendment) Bill, 2018 expressly provides one exception to the proposed duty of confidentiality: the details of an award may be disclosed where this is necessary for the purpose of implementation and enforcement of the award. There are multiple other situations in which a party may be required to disclose the award or the details of the proceedings, such as when:

  • challenging an award;
  • seeking interim relief from the court;
  • appealing an interim order of the tribunal, the appointment of arbitrators by the court or the termination of an arbitrator’s mandate; or
  • seeking the court’s assistance in taking evidence.

Further, there may be statutory mandates requiring a party to disclose details pertaining to the arbitration, such as under the regulations of the Securities and Exchange Board of India. These are more straightforward circumstances in which it may be argued that disclosure is permitted, given that there are provisions in law entitling a party to exercise such rights and the confidentiality provision is not intended to take away rights expressly granted under law.

For more information about this answer please contact: Manoj Singh from Singh & Associates
International Arbitration