2016.ANA METIN ingilizce.01

undertake as a general principle to keep confidential all awards in the

arbitration, together with all materials in the arbitration created for

the purpose of the arbitration and all other documents produced by

another party in the proceedings not otherwise in the public domain,

save and to the extent that disclosure may be required of a party by

legal duty, to protect or pursue a legal right, or to enforce or challenge

an award in legal proceedings before a state court or other legal

authority.

” Art. 30/2 of the LCIA Rules, similar to the ICC Rules,

underlines the confidential nature of the arbitral tribunal’s delibera-

tions. The scope of confidentiality is broad under the LCIA Rules,

which expressly regulates and imposes a confidentiality obligation on

the parties of the dispute.

Swiss Rules

The Swiss Rules of International Arbitration

(June 2010, “Swiss

Rules”), at Art. 44, also regulate a confidentiality undertaking of the

parties in relation to awards and orders and materials submitted to the

file that are not already in the public domain, unless it is agreed, in

writing, to the contrary by the parties. The same provision also

declares the confidential nature of the deliberations of the arbitral tri-

bunal.

UNCITRAL Rules

The UNCITRAL Arbitration Rules (as revised in 2010, “UNCI-

TRAL Rules”) does not explicitly provide a confidentiality obligation,

but its Art. 25.4 grants the arbitral tribunal to require retirement of wit-

nesses during the testimony of others, and determines the manner of

examination of witnesses. The hearing will be conducted as deter-

mined by the tribunal. Therefore, it is accepted that the UNCITRAL

Rules provides a framework where the hearing is private

ARBITRATION LAW

197

For the full text, please see

lish_2012.pdf (accessed on 27 April 2015).

Redfern and Hunter on International Arbitration, para. 2.148.