Which Law Determines the Confidentiality of Commercial Arbitration?. (20th January 2020)

• Record Type: Journal Article
• Authors: Clifford, Philip; Scogings, Eleanor
• Is Part Of: Arbitration international. Volume 35:Number 4(2019)
• Page Start: 391
• Page End: 399
• Publication Date: 2020-01-20
• Subjects: Arbitration and award, International -- Periodicals; 341.522
• DOI: 10.1093/arbint/aiz025
• Languages: English
• ISSNs: 0957-0411

Abstract

Abstract: Commercial arbitration taking place in England is commonly believed to be confidential, and this is often presented as an advantage over court litigation (which is generally not confidential). However, absent express provision, the precise extent of any confidentiality is a mystery to many and its legal basis, beyond being an implication as a matter of English law, remains unclear. In particular, what is the trigger for the implication: the venue for the arbitration, the seat of the arbitration or the law governing the arbitration agreement? This article addresses these questions.