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Is an arbitral process confidential?

Domestic Arbitration

For a domestic arbitration, Yes.

According to the Commercial Arbitration Act 2010 (NSW), s2, “confidential information”, in relation to arbitral proceedings, means information that relates to the arbitral proceedings or to an award made in those proceedings and includes the following:

  • the statement of claim, statement of defence and all other pleadings, submissions, statements or other information supplied to the arbitral tribunal by a party,
  • any information supplied by a party to another party in compliance with a direction of the arbitral tribunal,
  • any evidence (whether documentary or otherwise) supplied to the arbitral tribunal,
  • any notes made by the arbitral tribunal of oral evidence or submissions given before the arbitral tribunal,
  • any transcript of oral evidence or submissions given before the arbitral tribunal,
  • any rulings of the arbitral tribunal,
  • any award of the arbitral tribunal.

See also:

International Arbitration

For an international arbitration, No unless the parties

  • opt in under s22 or
  • the agreement in dispute includes obligations of confidentiality; or
  • a subsequent agreement includes obligations of confidentiality.

If the parties opt in under International Arbitration Act, s22 then the following provisions apply:


Relevant Rules

1) AK CIV-2010-404-1168
2) (1995) 183 CLR 1017
3) 119 F.R.D 346 (D.Del 1988)
4) [2008] EWCA Civ 198

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