Confidentiality in Arbitrations

Christopher To

in Legal Discourse across Cultures and Systems

Published by Hong Kong University Press

Published in print January 2008 | ISBN: 9789622098510
Published online September 2011 | e-ISBN: 9789882207141 | DOI:
Confidentiality in Arbitrations

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According to the Oxford Advanced Learner's Dictionary, “confidentiality” is defined as a situation in which one party expects another party to keep information secret. To be more precise, confidentiality, in the arbitral context, relates to the rights and obligations of the parties to arbitration in respect of the documents and other materials produced in, or discovered by, the arbitral process. Concerning the private nature of proceedings, the English Courts deem it to be the foundation of an implied term in the arbitration agreement, whereas the High Court of Australia regard it as inhering in the subject matter of an agreement to arbitrate.

Keywords: privacy; mediation; arbitration; England; Australia

Chapter.  11192 words. 

Subjects: Sociolinguistics

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