{"title":"Confidentiality","authors":"Maxi Scherer, Nathalie Allen Prince","doi":"10.54648/bcdr2020006","DOIUrl":null,"url":null,"abstract":"Article 40: Confidentiality\n40.1 Confidential information disclosed during the arbitration by the parties or by witnesses shall not be divulged by the parties, by an arbitrator, by any emergency arbitrator, by any expert to the arbitral tribunal, by any secretary of the arbitral tribunal, or by the Chamber (including its officers and employees). Unless otherwise agreed in writing by the parties or required by applicable law, the members of the arbitral tribunal, any emergency arbitrator, any expert to the arbitral tribunal, any secretary of the arbitral tribunal, and the Chamber (including its officers and employees) shall keep confidential all matters relating to the arbitration or the award.\n40.2 An award may be made public only with the consent of all parties or as required by law, except that the Chamber may publish or otherwise make publicly available selected awards, orders, decisions and rulings that have become public in the course of enforcement or otherwise and, unless otherwise agreed in writing by the parties, may publish selected awards, orders, decisions, and rulings that have been edited to conceal the names of the parties and other identifying details.\n40.3 Unless the parties agree in writing otherwise, the arbitral tribunal may make orders concerning the confidentiality of the arbitration or any matters in connection with the arbitration and may take measures for protecting trade secrets and confidential information.","PeriodicalId":166341,"journal":{"name":"BCDR International Arbitration Review","volume":"182 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"BCDR International Arbitration Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.54648/bcdr2020006","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
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Abstract
Article 40: Confidentiality
40.1 Confidential information disclosed during the arbitration by the parties or by witnesses shall not be divulged by the parties, by an arbitrator, by any emergency arbitrator, by any expert to the arbitral tribunal, by any secretary of the arbitral tribunal, or by the Chamber (including its officers and employees). Unless otherwise agreed in writing by the parties or required by applicable law, the members of the arbitral tribunal, any emergency arbitrator, any expert to the arbitral tribunal, any secretary of the arbitral tribunal, and the Chamber (including its officers and employees) shall keep confidential all matters relating to the arbitration or the award.
40.2 An award may be made public only with the consent of all parties or as required by law, except that the Chamber may publish or otherwise make publicly available selected awards, orders, decisions and rulings that have become public in the course of enforcement or otherwise and, unless otherwise agreed in writing by the parties, may publish selected awards, orders, decisions, and rulings that have been edited to conceal the names of the parties and other identifying details.
40.3 Unless the parties agree in writing otherwise, the arbitral tribunal may make orders concerning the confidentiality of the arbitration or any matters in connection with the arbitration and may take measures for protecting trade secrets and confidential information.