CONFIDENTIALITY IN INTERNATIONAL COMMERCIAL ARBITRATION: ASSUMPTIONS OF IMPLIED DUTY AND A PROPOSED SOLUTION

AJIBO, Kenneth I. (2015) CONFIDENTIALITY IN INTERNATIONAL COMMERCIAL ARBITRATION: ASSUMPTIONS OF IMPLIED DUTY AND A PROPOSED SOLUTION. Latin American Journal of International Trade Law, 3 (2). pp. 337-359. ISSN 2007-7440

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Abstract

Confidentiality remains one of the cardinal features of international commercial arbitration and a great number of users of international commercial arbitration assume when choosing arbitration that it is inherently confidential. However, this assumption appears not to be the case given that many national laws and arbitral rules do not currently provide for confidentiality and those that do vary in their approach and scope including the persons affected, the duration and the remedies. A general provision of confidentiality in a contract may not necessarily extend to the arbitration. Parties can, however, by agreement provide for confidentiality and determine the scope, extent and duration of the obligation as well as the available remedies. Typically, confidentiality obligations in both contracts and arbitral rules seek to bind the parties in the dispute and their agents as well as their representatives (including counsel). Similarly, it aims to bind the arbitrators, arbitral institutions and if applicable, secretaries to the arbitral tribunal, as well as other persons under their control. This doctrinal research paper seeks to critically examine the general duty of confidentiality in international commercial arbitration and it further aims to question why such duty should still be regarded as a necessary feature in international arbitration community when the exceptions to this general rule have almost whittled down its significance in practice. The article posits that express incorporation of the confidentiality clause in arbitration which is detailed enough could reduce any potential disputes. Furthermore, international framework on confidentiality in form of default uniform rule is necessary to guide the parties which should start from various national legislations and arbitral rules.

Item Type:	Article
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law, Arts and Social Sciences > School of Law
Depositing User:	Uchenna Eneogwe
Date Deposited:	16 Jun 2025 13:32
Last Modified:	16 Jun 2025 13:32
URI:	http://eprints.gouni.edu.ng/id/eprint/4852

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