Montenegro International Arbitration Comparative Guide

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International Arbitration

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15.

Confidentiality

15.1

Is arbitration seated in your jurisdiction confidential? Is a duty of confidentiality found in the arbitration legislation?

Montenegro

Schoenherr Attorneys at Law

Answer ... The only rule that the Arbitration Act provides in relation to confidentiality is that arbitral proceedings shall be closed to the public, unless otherwise agreed by the parties (Article 36(6)). However, in line with the general principles applicable in this regard, it could be argued compellingly that commercial arbitrations are confidential by default. That said, the scope of such confidentiality is subject to debate.

For more information about this answer please contact: Tanja Šumar from Schoenherr Attorneys at Law

15.2

Are there any exceptions to confidentiality?

Montenegro

Schoenherr Attorneys at Law

Answer ... Under the Arbitration Act, the parties may agree to exclude confidentiality (Article 36(6)).

Edited by Leon Kopecký and Victoria Pernt.

For more information about this answer please contact: Tanja Šumar from Schoenherr Attorneys at Law

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International Arbitration