Answer ... While the duty of confidentiality is often presumed to exist in the arbitration context in light of the private nature of the arbitration process, the UNCITRAL Notes of Organizing Arbitral Proceedings indicates that parties should not assume that all jurisdictions would recognise an implied commitment to confidentiality if they have not otherwise entered into an agreement addressing confidentiality obligations.
In light of this uncertainty, a confidentiality agreement or corresponding provision in the arbitration agreement should be employed. Certain procedural rules will expressly include that arbitration conducted pursuant to such rules are confidential.
In Quebec, Article 644 of the Code of Civil Procedure provides that the arbitrator is required to preserve the confidentiality of the arbitration process and protect secrecy, but violates neither by stating conclusions and reasons in the award.
Answer ... Exceptions will depend on any confidentiality agreement between the parties or the procedural rules that apply to the arbitration.