How Confidential is Arbitration?
Article from: OGEL 2 (2004), in International Oil, Gas & Energy Dispute Management
Introduction
One of the potential attractions of arbitration as a form of dispute resolution, as opposed to litigation, is that arbitrations are conducted in private. The documents created for the purposes of the arbitration (eg pleadings and witness evidence) are confidential. So too are the reasons given by the arbitrator for his or her decision. Everything takes place behind closed doors. Third parties are unable to obtain any details about the arbitration, unless the arbitrating parties agree. In contrast, litigation is generally conducted in public. A hearing that is open to members of the ...