Arbitration: Confidentiality

Arbitrations are confidential and no one should be publishing the outcome or any other details. Publication of this information is legally actionable.

There is a 28 day appeal period on any Scottish arbitration.

Rule 26 Confidentiality

26 (1) Disclosure by the tribunal, any arbitrator or a party of confidential information relating to the arbitration is to be actionable as a breach of an obligation of confidence unless the disclosure—

(a) is authorised, expressly or impliedly, by the parties (or can reasonably be considered as having been so authorised),

(b) is required by the tribunal or is otherwise made to assist or enable the tribunal to conduct the arbitration,

(c) is required—

(i) in order to comply with any enactment or rule of law,

(ii) for the proper performance of the discloser’s public functions, or

(iii) in order to enable any public body or office-holder to perform public functions properly,

(d) can reasonably be considered as being needed to protect a party’s lawful interests,

(e) is in the public interest,

(f) is necessary in the interests of justice, or

(g) is made in circumstances in which the discloser would have absolute privilege had the disclosed information been defamatory.

(2) The tribunal and the parties must take reasonable steps to prevent unauthorised disclosure of confidential information by any third party involved in the conduct of the arbitration.

(3) The tribunal must, at the outset of the arbitration, inform the parties of the obligations which this rule imposes on them.

(4) “Confidential information”, in relation to an arbitration, means any information relating to—

(a) the dispute,

(b) the arbitral proceedings,

(c) the award, or

(d) any civil proceedings relating to the arbitration in respect of which an order has been granted under section 15 of this Act, which is not, and has never been, in the public domain.

Leave a Comment

Scroll to Top