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Information that is confidential generally does not remain so for very long once it is disclosed as such. Because of the ease with which information is nowadays spread (or unlawfully accessed), whatever information is disclosed can rapidly be disseminated far beyond its intended circle of recipients if no precautions are taken.
Additionally, the arbitral process is increasingly impacted by the exponential growth of governmental regulations that restrict access to information or that prohibit the disclosure of certain data. In international arbitration a party may frequently need to disclose data (voluntarily or otherwise) but is legally prevented from doing so - and can face stiff penalties if it does.
These challenges, the fundamental issues that they raise and the incredible creativity with which arbitral practice has tackled them are the topic of this ASA Special Series Volume.