Confidentiality and Third Parties in International Commercial Arbitration: Some Preliminary Reflections
44 Pages Posted: 9 Feb 2009 Last revised: 11 Apr 2011
Date Written: November 18, 2008
This paper seeks to review first if there exists a duty of confidentiality in international commercial arbitation and, if yes, what it its scope, nature and limitations. Drawing from this first analysis, this paper also reviews the strenght of the confidentiality argument in relationship with third parties. To that end, the paper examines various scenarios in which third parties may be faced with arbitration proceedings. In order to resolve the difficulties caused by a possible confidentiality duty resting upon the parties, the arbitrators or other parties, the paper reviews various solutions, drawing upon contract law and private international law.
Keywords: International arbitration, confidentiality, third parties, balance of interests
JEL Classification: K41, K33, K12
Suggested Citation: Suggested Citation