When asked why they choose to resolve their disputes through
international arbitration, parties often identify confidentiality
as an important factor. While the parties may think their
arbitration is confidential, in many cases, the proceeding is
merely private. In the context of arbitration, privacy and
confidentiality are not necessarily the same. Privacy means that
arbitration proceedings are not open to the public, but privacy
does not preclude the parties from disclosing the proceedings to
third parties. Confidentiality, by contrast, means the parties (and
the arbitrators) may not disclose the proceedings to third parties
or the public, including evidence, written submissions, arbitral
awards, and even the existence of the proceedings and the
identities of the parties. Most arbitrations are private, but many
arbitrations are not confidential. As the Australian High Court has
held, privacy is an essential component of arbitration, but
"absolute confidentiality" is
