Subjects:

Arbitration and Dispute Resolution, Singapore, Other Jurisdictions

Contents:

1 Introduction

2 The English Position

3 The 2003 Privy Council Decision in AEGIS v European Reinsurance

4 The Australian Position

5 The New Zealand Position

6 The US Position

7 The Position in Sweden

8 The German and French Positions

9 The Singapore Position

10 Institutional Rules Governing Confidentiality

11 The Scope of the Confidentiality Obligation

12 The Exceptions to Confidentiality: The Exception or the Rule?

13 Whither the Exceptions?

14 The Riddick Principle

15 The Equitable Doctrine of Confidentiality

Arbitration confidentiality appears to be the accepted orthodoxy in England. Yet in the arena of international arbitration, arbitration confidentiality has not been uniformly recognised. The aim of this monograph is to explore in-depth the concept of confidentiality in arbitration proceedings and its exceptions.

This study examines the case law in England and compares that with the positions in Australia, New Zealand, the United States, Sweden, France, Germany and Singapore. The various institutional rules for arbitration are also reviewed for their treatment of arbitration confidentiality. The exceptions to confidentiality are discussed explored and analysed. The foundational basis of confidentiality is also reviewed and compared eith the equitable doctrine of confidentiality.