Reflections on the Law Governing Confidentiality in Arbitration
Brekoulakis et al (eds), Achieving the Arbitration Dream: Liber Amicorum for Professor Julian DM Lew (publ. Wolters Kluwer, 2023)
Faculty of Laws University College London Law Research Paper No. 13/2023
12 Pages Posted: 20 Jul 2023
Date Written: July 18, 2023
Abstract
The paper considers the law governing confidentiality in international arbitration, and in particular where there is a binary choice between the law governing the arbitration agreement and the law of the seat of the arbitration. The paper concludes that not only is there no binary choice, but also that the solution may depend upon the forum in which the issue arises, and that it will be only very rarely that the issue will need to be addressed directly.
Keywords: Conflict of laws, international arbitration, governing law, confidentiality
Suggested Citation: Suggested Citation