Where to draw the line on Confidentiality? The Role of the Seat in protecting privacy in arbitration

Privacy and confidentiality are two of the benefits traditionally touted in the name of arbitration. In most respects, arbitration is private because the parties and the tribunal control who can participate or access documents produced in the proceedings. The private nature of arbitration often leads parties to assume that it is also confidential. While many states have express or implied confidentiality obligations in arbitration, the position is by no means uniform. Given the speed with which information travels digitally, confidentiality in arbitration proceedings is a growing concern and should be addressed by parties to proceedings at every stage of the process.
The webinar highlighted the importance of confidentiality, how parties can protect their privacy, and the varying approaches to dealing with confidentiality in arbitration legislation.