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Legal Discourse across Cultures and Systems$
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Vijay K. Bhatia, Christopher N. Candlin, and Jan Engberg

Print publication date: 2008

Print ISBN-13: 9789622098510

Published to Hong Kong Scholarship Online: September 2011

DOI: 10.5790/hongkong/9789622098510.001.0001

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PRINTED FROM HONG KONG SCHOLARSHIP ONLINE (www.hongkong.universitypressscholarship.com). (c) Copyright Hong Kong University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in HKSO for personal use (for details see http://www.hongkong.universitypressscholarship.com/page/privacy-policy).date: 20 January 2018

Confidentiality in Arbitrations

Confidentiality in Arbitrations

Chapter:
(p.75) 4 Confidentiality in Arbitrations
Source:
Legal Discourse across Cultures and Systems
Author(s):

Christopher To

Publisher:
Hong Kong University Press
DOI:10.5790/hongkong/9789622098510.003.0004

According to the Oxford Advanced Learner's Dictionary, “confidentiality” is defined as a situation in which one party expects another party to keep information secret. To be more precise, confidentiality, in the arbitral context, relates to the rights and obligations of the parties to arbitration in respect of the documents and other materials produced in, or discovered by, the arbitral process. Concerning the private nature of proceedings, the English Courts deem it to be the foundation of an implied term in the arbitration agreement, whereas the High Court of Australia regard it as inhering in the subject matter of an agreement to arbitrate.

Keywords:   privacy, mediation, arbitration, England, Australia

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