Confidentiality In Clinical Trials: Arbitration As The Preferred Route For Dispute Resolution

In the life sciences sector, clinical trials are the engine of innovation but also a source of risk. Disputes over trial outcomes, safety protocols, or licensing terms can derail product pipelines and irreversibly damage reputations.

Arbitration offers a private, flexible, and procedurally dynamic forum to resolve these conflicts without exposing sensitive data or commercial strategies.

The legal framework: Arbitral confidentiality under English law

Unlike English court proceedings, which are underpinned by principals of open justice and therefore generally open to the public, English law arbitration is a private process. The default rule under English law is that arbitral proceedings in England are subject to an implied duty of confidentiality.