Topic: Confidentiality

Arbitration Act 1996: Exceptions to the Rule of Confidentiality

Arbitrations seated in England, Wales or Northern Ireland are governed by Arbitration Act 1996 (“AA 1996” / “The Act”). In some circumstances, the provisions of the Act may apply to arbitrations seated outside of those jurisdictions. Indeed, the Act makes no distinction between ‘domestic’ and ‘international’ arbitrations. Therefore, the legal framework for domestic arbitrations seated in the England & Wales or Northern Ireland and international arbitrations will be the same.

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When Confidentiality and 28 U.S.C. § 1782 Collide: In re Application of Servotronics, Inc.

In the context of an arbitration, “confidentiality” typically refers to the parties’ obligation ‎not to disclose information concerning the arbitration to third parties. As demonstrated by a ‎recent arbitral tribunal ruling, however, the concept is not absolute and may not be used to shield ‎relevant information from being disclosed to a U.S. court addressing a 28 U.S.C. § 1782 ‎application.

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