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ARTICLE · 06 JANUARY 2020

Changing Landscape Of Confidentiality In International Arbitration

Confidentiality of arbitral proceedings is often attributed as the driving force behind the growth of international arbitration in the last sixty years.

IndiaLitigation, Mediation & Arbitration

Confidentiality of arbitral proceedings is often attributed as the driving force behind the growth of international arbitration in the last sixty years. But, as Redfern and Hunter mentions, though confidentiality still remains a key attraction of arbitration "...the oncegeneral confidentiality of arbitral proceedings has been eroded in recent years..."1. Recently, in the 2018 International Arbitration Survey: The Evolution of International Arbitration, conducted by White & Case and Queen Mary University of London, 87% of respondents believed that confidentiality in international commercial arbitration is of importance. However, confidentiality is not of itself the single biggest driver behind the choice of arbitration.2

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