Confidentiality In Australia

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In the last few decades the commercial arbitral participants presume that international commercial arbitration is private and confidential in nature. Confidentiality has been perceived as being a cornerstone of arbitral proceedings. Kyriaki Noussia (2010) in her book fails to address the conflict between transparency and confidentiality. The writer also failed to deal with the third party rights in international commercial arbitration. The writer has examined status of confidentiality in various jurisdictions, advantages and disadvantages and concluded that in spite of disparity in judicial decisions on confidentiality the general trend still pursues the protection of confidentiality. (Kyriaki Noussia, Confidentiality in International Commercial …show more content…
England, France, and most of the common law countries accept the obligation of confidentiality. However in Australia, Sweden and USA these obligations are not followed. With regard to this the authors Andrew Tweeddale and Keren Tweeddale (2005) opined that an absolute confidentiality of arbitral proceeding is a myth and will lead to a paradox. Therefore the authors have observed that there are some exceptions to the obligation of confidentiality and they have further dealt separately with the third party rights and confidentiality (Arbitration of Commercial Disputes- International and English Law and Practice, Andrew Tweeddale and Keren Tweeddale, Oxford University Press, 2005)
The same view as taken by Andrew and Keren Tweeddale was taken by writer Gary B. Born (2009) in his book on International Commercial Arbitration. The issue of confidentiality is a contentious and unsettled field. The writer has confined to confidentiality of international arbitrations under national laws mainly New York Convention, European Convention and Inter-American Convention. After analyzing the different laws the author states that despite the silence of most arbitration legislation on the use of confidentiality it is well settled that parties’ autonomy has been …show more content…
Ileana M. Smeureanu (2011) in his book Confidentiality in International Commercial Arbitration deciphers the current degree of confidentiality in international commercial arbitration as reflected by the most important arbitration rules, national laws, other arbitration-related enactments, and practices of arbitral tribunals and domestic courts globally. The author through this tries to distinguish confidentiality from privacy. There has been a recent trend towards greater transparency and this has lead to a lot of different perspectives. The author taking a step further focuses on the challenges faced for considering confidentiality in arbitral proceedings. (Confidentiality in International Commercial Arbitration, Ileana M. Smeureanu, Kluwer Law International,
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