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 Law contains no express provision regarding the confidentiality of arbitration proceedings. This will therefore be a matter for the parties to agree on or, in the absence of any agreement, for the tribunal to decide. In practice, confidentiality is often expressly prescribed in the arbitration agreement.

In cases where confidentiality has not been expressly provided for in the arbitration agreement, many institutional arbitration rules recognise at least a partial principle of confidentiality in international arbitrations. For example, the Bahrain Chamber for Dispute Resolution in partnership with the American Arbitration Association (BCDR-AAA) Arbitration Rules 2017 state that an award may be made public only with the consent of all parties; and that unless otherwise agreed by the parties, all matters concerning the arbitration shall be kept confidential by the tribunal, the BCDR-AAA and any experts (but not the parties themselves). However, in arbitrations conducted under the International Chamber of Commerce Arbitration Rules 2017, no immediate confidentiality of proceedings exists and confidentiality must therefore be expressly ordered by the tribunal at the request of a party.

For more information about this answer please contact: Patrick Gearon from Charles Russell Speechlys
Are there any exceptions to confidentiality?

Answer ... There are no exceptions to confidentiality under the Arbitration Law.

For more information about this answer please contact: Patrick Gearon from Charles Russell Speechlys
International Arbitration