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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