Confidentiality is a vexed topic in international commercial arbitration. Regarded as arising inherently from the private nature of arbitration (with few exceptions) by U.K. courts, other jurisdictions have hedged it with qualifications. Canada, with its strong adherence to the principles of open courts, and freedom of speech, is at the extreme edge of the spectrum. Although its courts have found no inherent right to confidentiality, "sealing orders" will be granted in certain circumstances to preserve confidentiality of materials gathered in the course of preparing for an arbitration.
Journal of International Arbitration