PRIVACY AND CONFIDENTIALITY IN INTERNATIONAL COMMERCIAL ARBITRATION UNDER INSTITUTIONAL ARBITRATION RULES

Before entering into international arbitration as a dispute resolution conflict parties consider all advantages and disadvantages of such a settlement. Privacy, among other advantages, is usually the reason why parties choose to settle their dispute in international arbitration. The ability to avoid third persons from attending the arbitral proceedings in order to protect their commercial interests in the public eye is only for their benefit. Although the privacy is not what many users of international arbitration frequently assume. The extent of privacy in international arbitration is limited, but there is another way how to impose an obligation to protect sensitive and confidential information which are used and produced for the purpose of arbitration proceedings. The institutional arbitration rules are attempting to address this matter increasingly. The objective of this paper is to clarify concepts of institutional arbitration courts how they tackled the matter of privacy and confidentiality in relation to parties in their arbitration rules.