Privacy and Confidentiality Obligation on Parties in Arbitration under Swiss Law - Journal of International Arbitration View Privacy and Confidentiality Obligation on Parties in Arbitration under Swiss Law by Philipp Ritz - Journal of International Arbitration Privacy and Confidentiality Obligation on Parties in Arbitration under Swiss Law Philipp Ritz 27 3

While the privacy of arbitration proceedings is generally accepted, confidentiality is still a hotly discussed topic. After giving an overview of the legal situation on confidentiality in various jurisdictions, this article identifies the legal basis of the privacy principle under Swiss law. Thereafter, it is examined whether the parties to arbitrations in Switzerland are bound to a confidentiality obligation. This article also addresses which law applies to the questions of privacy and confidentiality in arbitrations held in Switzerland, and whether arbitral tribunals or state courts are competent to decide on the existence of a confidentiality obligation.

Journal of International Arbitration