A critical analysis of confidentiality under the Arbitration Act 1996: Safeguard or obstacle to justice

Abstract

The purpose of this research is to analyse how important it is to keep information about an arbitration confidential considering the Arbitration Act of 1996. The research aims to explain whether or not confidentiality under the English Arbitration Act promotes justice. Confidentiality is important as it keeps trade secrets safe, maintains good customer relationships and promotes honest opinions among parties. However, there are also some issues on whether through maintaining the confidentiality, the process remains just, all parties have equal opportunities to seek justice and whether or not there is any reasonable basis for this kind of behaviour. The study used existing information from the case law, journal articles and institutional rules to analyse the legal basis for confidentiality with a specific focus on the fact that the Act does not contain any specific clauses on the matter, while it follows certain implied obligations which have been identified by the judiciary. The research analyses different viewpoints about confidentiality by looking at how other countries such as Singapore, Sweden or Australia balance individual rights with the public good. Findings of this research show that there should be more focus on confidentiality in the law about what must keep confidential, and information should be available for public.