Content of the Duty of Confidentiality

Abstract

Defining the content of the duty of confidentiality is no easy task. There is so much that can be included in the content of the duty of confidentiality. Some examples are: the mere existence of the arbitration, the nature of the dispute, the amount in dispute, the status of the case, the names of the parties, the names of counsel, the names of arbitrators, parties’ submissions, fact exhibits, documents produced in response to a request for production of documents, witness statements, expert reports, pleadings, transcripts of hearings, tribunal’s deliberations, the award itself, any details revealing the content of the award, etc.