A Comparative Study of the Arbitration Confidentiality Process and the Rule Exceptions

Subject Areas : Political and International Researches Quarterly

Ali Mohry ¹ ()
Alireza Mashhadizadeh ² ()

Received: 2020-05-26 Accepted : 2020-05-26 Published : 2020-08-22

Keywords: Confidentiality, Arbitration, Being Explicit and implicit, Arbitration organizations,

Abstract :

  Ali Mohry[1] Dr.Alireza Mashhadizadeh[2] The principle of confidentiality of documents, information and arbitral awards is a privileged feature of arbitral tribunals, if this property is not guaranteed the parties may be unwilling to dispute this process. Although the jurisdictional laws and regulations of some countries have recognized the principle of confidentiality, this has not been addressed in Iranian law. This descriptive-analytical research seeks to address the ambiguity that the process of arbitration is private or confidential and that confidentiality is more of an ideal or a fact, as well as whether it has any exceptions. The findings of the present study indicate that the confidentiality is relative and directly related to the obligations of the parties to the dispute and the third parties involved in the arbitration process. The basis for identifying the degree of confidentiality requires explicit agreement between the parties to the arbitration agreement, and this rule has some exceptions. [1] - M.A. Student of Private Law, North Tehran Branch, Islamic Azad University, Tehran, Iran. [2] - Assistant Professor, Department of Private Law, North Tehran Branch, Islamic Azad University, Tehran, Iran. (Corresponding Author).