Issues Covered by the Principle of Confidentiality and Persons Obliged to Observe It in the Arbitration Process

Document Type : Original Article

Authors

1 Legal Researcher

2 Lecturer, Islamic Azad University, Shahreza Branch

10.22091/ijicl.2025.11788.1109

Abstract

The principle of confidentiality is one of the most important principles governing arbitration. In fact, the confidentiality of arbitration is one of the positive and significant features of arbitration compared to judicial proceedings in courts. According to this principle, access to documents and information generated during the arbitration process is limited only to those individuals who require access for the purpose of arbitration, thereby preventing third parties from accessing this information. On the other hand, in an arbitration process, there are important matters that must fall under the scope of the rules related to the principle of confidentiality. These matters can include the arbitration agreement, witness testimonies and expert opinions, trade secrets, minutes of meetings, consultations, and the arbitration award. Moreover, a breach of the principle of confidentiality regarding any of these matters can lead to the realization of legal (civil and criminal) liabilities for the violators of the principle, including arbitrators, parties to the arbitration, or third parties. In this research, the confidentiality of arbitration in international regulations and Iranian law, the matters covered by the principle of arbitration confidentiality, as well as the individuals obligated to adhere to this principle in the arbitration process, are examined.

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Iranian Journal of International and Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 19 February 2025

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