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 ... 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.

For more information about this answer please contact: Mark Gelowitz from Osler, Hoskin & Harcourt LLP
Are there any exceptions to confidentiality?

Answer ... Exceptions will depend on any confidentiality agreement between the parties or the procedural rules that apply to the arbitration.

For more information about this answer please contact: Mark Gelowitz from Osler, Hoskin & Harcourt LLP
International Arbitration