. | (1) What information and materials are confidential? . | (2) Which persons are subject to duties of confidentiality? . | (3) Is the duty of confidentiality implied (default requirement)? . |
---|---|---|---|
ICC | The work of the ICC Court of Arbitration.167 | Everyone who participates in that work of the ICC Court in whatever capacity.168 | Yes, as long as the arbitration follows the ICC Rules. However, there is no default obligation of confidentiality concerning the arbitration proceedings or any other matters in connection with the arbitration.169 |
SIAC | All matters relating to the proceedings and arbitral award, the discussion and deliberations of the arbitral tribunal (unless otherwise agreed by the parties).170 ‘Matters relating to the proceedings’ includes ‘the existence of the proceedings, and the pleadings, evidence and other materials in the arbitral proceedings and all other documents produced by another party in the proceedings or the Award arising from the proceedings, but excludes any matter that is otherwise in the public domain’.171 | ‘[A] party or any arbitrator, including any emergency arbitrator, and any person appointed by the [arbitral] [t]ribunal, including any administrative secretary and any expert’ (unless otherwise agreed by the parties).172 | Yes, as long as the arbitration is subject to the SIAC Rules. |
HKIAC | Any information relating to the arbitration, an award and emergency decision made in the arbitration and the deliberations of the arbitral tribunal (unless otherwise agreed by the parties).173 | The parties, party representative, the arbitral tribunal, any emergency arbitrator, expert, witness, tribunal secretary and HKIAC (unless otherwise agreed by the parties).174 | Yes, as long as the arbitration is subject to the HKIAC Rules. |
LCIA | All awards, all materials in the arbitration created for the purpose of the arbitration, all other documents produced by another party in the arbitration not otherwise in the public domain (as a general principle).175 The deliberations of the tribunal shall remain confidential to its members and (if appropriate) the tribunal secretary.176 | The parties, all those involved in the arbitration (including but not limited to ‘any authorised representative, witness of fact, expert or service provider’), the arbitral tribunal, any tribunal secretary and any expert to the tribunal.177 | Yes, as long as the arbitration is subject to the LCIA Rules. |
CIETAC | Any substantive or procedural matters relating to the case.178 | ‘[T]he parties and their representatives, the arbitrators, the witnesses, the interpreters, the experts consulted by the arbitral tribunal, the appraisers appointed by the arbitral tribunal and other relevant persons’ (for cases heard in camera).179 | Yes, as long as the arbitration is subject to the CIETAC Rules. |
. | (1) What information and materials are confidential? . | (2) Which persons are subject to duties of confidentiality? . | (3) Is the duty of confidentiality implied (default requirement)? . |
---|---|---|---|
ICC | The work of the ICC Court of Arbitration.167 | Everyone who participates in that work of the ICC Court in whatever capacity.168 | Yes, as long as the arbitration follows the ICC Rules. However, there is no default obligation of confidentiality concerning the arbitration proceedings or any other matters in connection with the arbitration.169 |
SIAC | All matters relating to the proceedings and arbitral award, the discussion and deliberations of the arbitral tribunal (unless otherwise agreed by the parties).170 ‘Matters relating to the proceedings’ includes ‘the existence of the proceedings, and the pleadings, evidence and other materials in the arbitral proceedings and all other documents produced by another party in the proceedings or the Award arising from the proceedings, but excludes any matter that is otherwise in the public domain’.171 | ‘[A] party or any arbitrator, including any emergency arbitrator, and any person appointed by the [arbitral] [t]ribunal, including any administrative secretary and any expert’ (unless otherwise agreed by the parties).172 | Yes, as long as the arbitration is subject to the SIAC Rules. |
HKIAC | Any information relating to the arbitration, an award and emergency decision made in the arbitration and the deliberations of the arbitral tribunal (unless otherwise agreed by the parties).173 | The parties, party representative, the arbitral tribunal, any emergency arbitrator, expert, witness, tribunal secretary and HKIAC (unless otherwise agreed by the parties).174 | Yes, as long as the arbitration is subject to the HKIAC Rules. |
LCIA | All awards, all materials in the arbitration created for the purpose of the arbitration, all other documents produced by another party in the arbitration not otherwise in the public domain (as a general principle).175 The deliberations of the tribunal shall remain confidential to its members and (if appropriate) the tribunal secretary.176 | The parties, all those involved in the arbitration (including but not limited to ‘any authorised representative, witness of fact, expert or service provider’), the arbitral tribunal, any tribunal secretary and any expert to the tribunal.177 | Yes, as long as the arbitration is subject to the LCIA Rules. |
CIETAC | Any substantive or procedural matters relating to the case.178 | ‘[T]he parties and their representatives, the arbitrators, the witnesses, the interpreters, the experts consulted by the arbitral tribunal, the appraisers appointed by the arbitral tribunal and other relevant persons’ (for cases heard in camera).179 | Yes, as long as the arbitration is subject to the CIETAC Rules. |
. | (1) What information and materials are confidential? . | (2) Which persons are subject to duties of confidentiality? . | (3) Is the duty of confidentiality implied (default requirement)? . |
---|---|---|---|
ICC | The work of the ICC Court of Arbitration.167 | Everyone who participates in that work of the ICC Court in whatever capacity.168 | Yes, as long as the arbitration follows the ICC Rules. However, there is no default obligation of confidentiality concerning the arbitration proceedings or any other matters in connection with the arbitration.169 |
SIAC | All matters relating to the proceedings and arbitral award, the discussion and deliberations of the arbitral tribunal (unless otherwise agreed by the parties).170 ‘Matters relating to the proceedings’ includes ‘the existence of the proceedings, and the pleadings, evidence and other materials in the arbitral proceedings and all other documents produced by another party in the proceedings or the Award arising from the proceedings, but excludes any matter that is otherwise in the public domain’.171 | ‘[A] party or any arbitrator, including any emergency arbitrator, and any person appointed by the [arbitral] [t]ribunal, including any administrative secretary and any expert’ (unless otherwise agreed by the parties).172 | Yes, as long as the arbitration is subject to the SIAC Rules. |
HKIAC | Any information relating to the arbitration, an award and emergency decision made in the arbitration and the deliberations of the arbitral tribunal (unless otherwise agreed by the parties).173 | The parties, party representative, the arbitral tribunal, any emergency arbitrator, expert, witness, tribunal secretary and HKIAC (unless otherwise agreed by the parties).174 | Yes, as long as the arbitration is subject to the HKIAC Rules. |
LCIA | All awards, all materials in the arbitration created for the purpose of the arbitration, all other documents produced by another party in the arbitration not otherwise in the public domain (as a general principle).175 The deliberations of the tribunal shall remain confidential to its members and (if appropriate) the tribunal secretary.176 | The parties, all those involved in the arbitration (including but not limited to ‘any authorised representative, witness of fact, expert or service provider’), the arbitral tribunal, any tribunal secretary and any expert to the tribunal.177 | Yes, as long as the arbitration is subject to the LCIA Rules. |
CIETAC | Any substantive or procedural matters relating to the case.178 | ‘[T]he parties and their representatives, the arbitrators, the witnesses, the interpreters, the experts consulted by the arbitral tribunal, the appraisers appointed by the arbitral tribunal and other relevant persons’ (for cases heard in camera).179 | Yes, as long as the arbitration is subject to the CIETAC Rules. |
. | (1) What information and materials are confidential? . | (2) Which persons are subject to duties of confidentiality? . | (3) Is the duty of confidentiality implied (default requirement)? . |
---|---|---|---|
ICC | The work of the ICC Court of Arbitration.167 | Everyone who participates in that work of the ICC Court in whatever capacity.168 | Yes, as long as the arbitration follows the ICC Rules. However, there is no default obligation of confidentiality concerning the arbitration proceedings or any other matters in connection with the arbitration.169 |
SIAC | All matters relating to the proceedings and arbitral award, the discussion and deliberations of the arbitral tribunal (unless otherwise agreed by the parties).170 ‘Matters relating to the proceedings’ includes ‘the existence of the proceedings, and the pleadings, evidence and other materials in the arbitral proceedings and all other documents produced by another party in the proceedings or the Award arising from the proceedings, but excludes any matter that is otherwise in the public domain’.171 | ‘[A] party or any arbitrator, including any emergency arbitrator, and any person appointed by the [arbitral] [t]ribunal, including any administrative secretary and any expert’ (unless otherwise agreed by the parties).172 | Yes, as long as the arbitration is subject to the SIAC Rules. |
HKIAC | Any information relating to the arbitration, an award and emergency decision made in the arbitration and the deliberations of the arbitral tribunal (unless otherwise agreed by the parties).173 | The parties, party representative, the arbitral tribunal, any emergency arbitrator, expert, witness, tribunal secretary and HKIAC (unless otherwise agreed by the parties).174 | Yes, as long as the arbitration is subject to the HKIAC Rules. |
LCIA | All awards, all materials in the arbitration created for the purpose of the arbitration, all other documents produced by another party in the arbitration not otherwise in the public domain (as a general principle).175 The deliberations of the tribunal shall remain confidential to its members and (if appropriate) the tribunal secretary.176 | The parties, all those involved in the arbitration (including but not limited to ‘any authorised representative, witness of fact, expert or service provider’), the arbitral tribunal, any tribunal secretary and any expert to the tribunal.177 | Yes, as long as the arbitration is subject to the LCIA Rules. |
CIETAC | Any substantive or procedural matters relating to the case.178 | ‘[T]he parties and their representatives, the arbitrators, the witnesses, the interpreters, the experts consulted by the arbitral tribunal, the appraisers appointed by the arbitral tribunal and other relevant persons’ (for cases heard in camera).179 | Yes, as long as the arbitration is subject to the CIETAC Rules. |
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