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ICDR Rules
The ICDR Arbitration Rules 8 (as amended on 1 June 2010, “ICDR
Rules”) also provide for confidentiality obligations. The ICDR Rules,
at Art. 34, govern the duty of confidentiality of the arbitral tribunal and
the administrator, and Art. 27 regulates that an arbitral award may only
become public if the parties consent thereto, or if so required by law.
The ICRD Rules, therefore, imposes a duty of confidentiality on the
arbitrators and the administrators, thereby regulating the privacy of the
hearing.
In General
Numerous other arbitration rules also contain provisions govern-
ing confidentiality. However, the scope of confidentiality as foreseen
under arbitration rules is diverse. Different provisions are envisaged in
order to ensure confidentiality of the arbitral tribunal’s deliberations,
confidentiality of the hearings, or the confidentiality duty of the par-
ties. The LCIA Rules is regarded as a notable exception 9 where the
duty of confidentiality of the parties is expressly foreseen. Most arbi-
tration rules focus on the privacy of the hearing. The ICSID’s Rules of
Procedure for Arbitration Proceedings, to the contrary, does not include
provisions governing confidentiality.
As no institution must be involved in or notified of the dispute, ad
hoc arbitrations may be regarded as being more confidential than insti-
tutional arbitrations 10. However, it is difficult to envisage an arbitration
institution disclosing confidential information. To the contrary, in light
of the rules assessed above, institutional arbitration may appear to pro-
vide for a broader scope of confidentiality.
Regardless of the scholar’s discussions on whether the duty of con-
fidentiality is inherent in arbitration, the regulatory framework under
198 NEWSLETTER 2015
8 For the full text, please see
(accessed on 27 April 2015).
9 Arbitration World, Jurisdictional Comparisons, Ed. Karyl Nairn and Patrich Heneghan,
Skadden, Arps, Slate, Meagher Flom (UK) LLP, 4th Edition, Global Overview, Constantine
Partasides and Greg Fullelove, p. 9.
10 Michael McIlwrath, John Savage, International Arbitration and Mediation, A Practical Guide,
Wolters Kluwer Law & Business, para. 1-144.