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January 06, 2020

Changing landscape of confidentiality in international arbitration


This article was first published in the opening issue of MARC Insights, the review magazine started by Mauritius Arbitration and Mediation Centre.


SUMMARY

The Indian Arbitration and Conciliation Amendment Act, 2019 has introduced express confidentiality obligations in arbitration. Although the provision has not been notified, but once notified, the vaguely worded provision can have serious consequences. The article provides a comparative analysis of confidentiality obligations in arbitration proceedings (express v. implied obligations), the nature of such obligations, the debate between transparency and confidentiality.

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Alipak Banerjee & Vyapak Desai

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