Answer ... Yes. Arbitration is subject to confidentiality, as foreseen in Article 24.2 of the Arbitration Act, which provides that the arbitrators, the parties and arbitral institutions are obliged to maintain the confidentially of information that comes to their knowledge in the course of the arbitration proceedings.
Answer ... There are no exceptions to confidentiality. Nonetheless, confidentiality may cede in certain scenarios - notably:
- where the courts are requested to intervene in relation to arbitration proceedings (eg, interim measures, enforcement and setting aside of an award), as judicial proceedings as a rule are public (Article 120 of the 1978 Spanish Constitution); and
- on the grounds of transparency and general interest (eg, where at least one of the parties to arbitration is a state or a public body; criminal investigations).
In addition, if both parties agree on the disclosure of certain information covered by confidentiality, in principle this agreement should not be void, insofar as the right to keep certain information confidential is renounceable by the party to which that information belongs.