Asian Academy of International Law
22 November 2022


Confidentiality and Legitimacy of International Arbitration:
Are They Mutually Exclusive?

Asian Academy of International Law,
AAIL Foundation

Despite being widely perceived as one of the cornerstones of commercial arbitration, confidentiality is indeed neither automatically granted nor absolute, but instead is an issue entangled with a multitude of complexities and discrepancies across jurisdictions calling for greater clarity in this area. As such, this webinar provided a thorough and well-rounded analysis on the issue of confidentiality in relation to striking a balance between the confidentiality and the legitimacy of arbitration at the same time. Drawing upon his research findings, Dr Can Eken first reviewed the rules of major arbitration institutions and notable cases to dispel some general misconceptions, then highlighted certain scenarios where confidentiality may be exempted legally, before providing some practical advice on better protecting arbitrating parties from potential breaches of confidentiality. In this connection, Mr Adrian Lai helpfully supplemented Dr Eken’s presentation with the position of Hong Kong courts and certain pertinent issues encountered. This webinar concluded with a stimulating discussion on various pros and cons of current practices as well as the future trend in terms of the disclosure of arbitration-related information.

What attendees say

• Very informative and comprehensive.
• Thought-provoking and interesting.
• I like the way the moderator contributed to Dr Eken’s presentation and brought out new perspectives.
• The presentation and the questions asked in the webinar were to the point. Also, the cases the moderator and speaker talked about showed me some real-life examples.

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Confidentiality and Legitimacy of International Arbitration: Are They Mutually Exclusive?

Dr Can Eken