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Arbitration Rules

Confidentiality and privacy rules are regulated under numerous

arbitration rules. However, especially in view of the clash of interests

and the relevant discussions among scholars and practitioners on con-

fidentiality versus transparency, the scope of confidentiality needs to

be considered in great detail.

ICC Rules

The ICC Rules of Arbitration

(currently in force as from 1 January

2012; “ICC Rules”) provide, in Art. 22/3, the following: “

Upon the

request of any party, the arbitral tribunal may make orders concerning

the confidentiality of the arbitration proceedings or of any other mat-

ters in connection with the arbitration and may take measures for pro-

tecting trade secrets and confidential information.

” Further, Art. 26/3

of the ICC Rules regulates that the arbitral tribunal shall be in charge

of the hearings, where persons not involved in the proceedings shall

not be admitted unless approved by the arbitral tribunal.

Art. 6 of Appendix I to the ICC Rules, governing the statutes of the

International Court of Arbitration, and Art. 1 of Appendix II, providing

the internal rules of the International Court of Arbitration, govern

extensive confidentiality provisions, declaring that the work of the

court is confidential in nature, and that the sessions are open only to its

members.

The ICC Rules provide a broad scope of confidentiality, whereby

the arbitral tribunal may make orders governing confidentiality.

However, absent such an order, the ICC Rules do not impose a duty of

confidentiality on the parties. The hearing and deliberations of the tri-

bunal are confidential.

LCIA Rules

The LCIA Arbitration Rules

(effective as on 1 October 2014,

“LCIA Rules”), at Art. 30/1, specifically states that “

[t]he parties

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For the full text, please see

adr/arbitration/icc-rules-of-arbitration/ (accessed on 27 April 2015).

For the full text, please see

rules-2014.aspx (accessed on 27 April 2015).