Introduction
Arbitration serves as an alternative dispute resolution mechanism for business entities and individuals seeking to resolve their disputes out of court. It is an effective tool that provides a faster procedure, more flexibility, and confidentiality in comparison to conventional court proceedings. However, the concept of confidentiality in arbitration, specifically in relation to arbitration awards, is not explicitly codified in many
jurisdictions, and, has only been recently codified in India. This article aims to delve into the intricacies of confidentiality in arbitration.
Confidentiality in Arbitration: A General Overview
Confidentiality in arbitration refers to the principle that all information disclosed during arbitration proceedings, including the final award given by the arbitrator(s), should remain confidential and not disclosed to third parties. This principle has been recognized globally as one of the significant advantages of arbitration over traditional litigation. It ensures that sensitive information related to the dispute or parties involved remains concealed from the public view, thereby safeguarding the reputation and business interests of the parties.
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