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Commercial Arbitration$
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Hong-Lin Yu

Print publication date: 2011

Print ISBN-13: 9781845861070

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861070.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 14 October 2019

Confidentiality

Confidentiality

Chapter:
(p.19) Chapter 3 Confidentiality
Source:
Commercial Arbitration
Author(s):

Hong-Lin Yu

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781845861070.003.0003

This chapter provides an overview of confidentiality, one of the advantages of arbitration. It first explains the duty of confidentiality before turning to the provisions of the Arbitration (Scotland) Act 2010 that are relevant to confidential information and the breach of the confidentiality duty. It then considers the exceptions to which the duty of confidentiality is subject under r 26(1) of the Arbitration (Scotland) Act 2010. It also presents court cases relevant to confidentiality in international arbitration, including those from England, Singapore, Bermuda, Australia, Sweden, and the United States. Finally, it discusses the International Law Association's report which surveyed the sources of confidentiality and covered the UNCITRAL Model Law, thirty national jurisdictions and twenty-two international commercial arbitration institutions.

Keywords:   confidentiality, arbitration, Arbitration (Scotland) Act 2010, confidential information, confidentiality duty, court cases, international arbitration, International Law Association, international commercial arbitration

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