Issues Covered by the Principle of Confidentiality and Persons Obligated to Adhere to It in the Arbitration Process

Document Type : Original Article

Authors

1 Corresponding author, Lecturer ،Islamic Azad University ،Shahreza Branch

2 Lecturer, Lecturer, Islamic Azad University, Shahreza Branch

Abstract

The principle of confidentiality is one of the most significant principles governing arbitration.In fact, the confidentiality of arbitration is a crucial positive attribute distinguishing it fromjudicial proceedings conducted in courts. According to this principle, access to documentsand information generated during the arbitration process is limited exclusively to individualswho require such access for the purpose of arbitration, thereby preventing third parties fromaccessing this information. Furthermore, there are essential issues within an arbitration processthat must fall under the provisions related to the principle of confidentiality. These issues includethe arbitration agreement, witness testimony and expert opinions, trade secrets, minutes ofmeetings, consultations, and the arbitral award. On the other hand, a breach of the principle ofconfidentiality concerning any of these subjects may lead to the imposition of legal liabilities (both civil and criminal) on the violators of the principle, including arbitrators, parties to thearbitration, and third parties. This research examines the confidentiality of arbitration withininternational rules and Iranian law, the issues covered by the principle of confidentiality inarbitration, and the persons obligated to adhere to this principle during the arbitration process.

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References

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Iranian Journal of International and Comparative Law
Volume 3, Issue 1
June 2025
Pages 147-163

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