Abstract
Confidentiality is the opposite of publicity. It can be defined as an ‘obligation to protect information that is not generally known and to use or disclose it only to approved persons, for agreed purposes’. Thus, the purpose of confidentiality is to prevent disclosure to third parties, but not the use of the information between the same parties. This definition also implies that a complete confidentiality cannot be achieved as, in some cases, the confidential information will have to be disclosed.
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- 1.
Pattenden (2003), para 1.16.
- 2.
- 3.
See, for example, para 31 of the UNCITRAL Notes: ‘It is widely viewed that confidentiality is one of the advantageous and helpful features of arbitration. Nevertheless, there is no uniform answer in national laws as to the extent to which the participants in an arbitration are under the duty to observe the confidentiality of information relating to the case.’
- 4.
Lazareff (2009), p. 81.
- 5.
Esso Australia Resources Ltd. and Others v. Sidney James Plowman and Others, Arbitration International, Volume 11 No. 3, 1995, 235.
- 6.
Paulsson (1995), Esso/BHP v. Plowman, 231–234.
Bibliography
Ashford P (2014) Handbook on international commercial arbitration, 2nd edn. Jurisnet, Huntington
Bührung-Uhle C (2006) Arbitration and mediation in international business, 2nd edn. Kluwer Law International
Lazareff S (2009) Confidentiality and arbitration: theoretical and philosophical reflections. In: Confidentiality in arbitration/ Commentaries on rules, statutes, case law and practice/ A special supplement to the ICC international court of arbitration bulletin. ICC Publication No. 700, pp 81–93
Pattenden R (2003) The law of professional-client confidentiality. Oxford University Press, New York
Paulsson J (1995) The decision of the High Court of Australia in Esso/BHP v. Plowman. Arbitr Int 11(3):231–234
Pryles M (2014) Confidentiality. In: Newman LW, Hill RD (eds) The leading arbitrators’ guide to international arbitration, 3rd edn. Juris, Huntington, pp 109–160
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Reymond-Eniaeva, E. (2019). Introduction. In: Towards a Uniform Approach to Confidentiality of International Commercial Arbitration. European Yearbook of International Economic Law(), vol 7. Springer, Cham. https://doi.org/10.1007/978-3-030-19003-3_1
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