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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, 2022. An individual user may print out a PDF of a single chapter of a monograph in HKSO for personal use.date: 18 May 2022

Confidentiality in Arbitrations

Confidentiality in Arbitrations

(p.75) 4 Confidentiality in Arbitrations
Legal Discourse across Cultures and Systems

Christopher To

Hong Kong University Press

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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