At
the initiative of the FRANCARBI Association, 30 arbitration specialists met in
order to exchange on the manner in which questions of confidentiality arising
in international commercial arbitration are in practice dealt with. The present
report is the result of these discussions. This is not a theoretical study of
the question of the existence of a principle of confidentiality, but rather an analysis
of how, in concrete terms, concerns about confidentiality are dealt with in
arbitral proceedings. The analysis thus covers extracts of terms of reference,
arbitration agreements, or procedural orders and awards, drawn from cases
encountered by the members of the group. From the fixing of a specific
confidentiality regime in individual agreements or undertakings, to dispute
resolution clauses relating to confidentiality, covering also a review of
confidentiality management techniques for document production, this review
presents a range of solutions which have already been implemented in practice.