Confidentiality — overviewConfidentiality at common law

Arbitrations are private proceedings and parties have a duty of confidentiality. Despite this many parties enter into confidentiality agreements. The right to confidentiality may be waived; disclosure to third parties prior to commencement of the arbitration, however, is not a waiver.

Confidentiality and the institutional rules

The ICC and UNCITRAL rules do not have confidentiality provisions. The other main institutional rules contain confidentiality provisions.