Hemangini Shekhawat, Amity University, Jaipur
INTRODUCTION
The postulate of confidentiality is major high spot of arbitration all across the globe. Its application is not unified coarse in matters of national legislation. The parties to arbitration may encounter numerous irksome state of affairs such as undesired disclosures of issues they wanted to keep in private, although they were dependent on the fact that private nature of arbitration would safeguard them from undesired third parties. Though confidentiality and privacy, both concepts are often regarded as synonyms of each other which is not the case in fact. The purpose of confidentiality is to mainly restrict the parties from spilling beans of proceedings to one’s other than the parties involved in arbitral proceedings, while the intention of the latter is to obscure particulars from third parties by not allowing to take part in arbitral proceedings. Specifically, it means to exclude any third party intercession in the arbitral proceeding. The introductory part vocalizes about difference between confidentiality and privacy, link of confidentiality with Arbitration, Competition Law, Patent Law, and the issues faced by parties in case of confidentiality in arbitration as well as general contracts. Mostly dominance have led emphasizes on upon safeguarding arbitral awards from general public and maintaining them confidentially.
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