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Confidentiality in Arbitration Law, Rules and Practice - A Swiss Perspective

Published 7 March 2012

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Introduction

Switzerland's export hit, aside from chocolate and watches, is discretion. Indeed, if you would ask people in the street what they associated with Switzerland, in addition to the already mentioned products, quite a few would come up with Swiss banking or the Swiss banking secret. Both banking and arbitration share a longstanding tradition in Switzerland. Both are, to a certain extent, based on privacy and confidentiality. They both are connected to the way Swiss people think, connected to our mentality.

This is why this presentation will begin in a slightly different way. The discussion about different national approaches to confidentiality in arbitration cannot be detached from the cultural background of the respective approach. Therefore, we will first take a look at some background information on the Swiss mentality which will help us to better understand the subsequent presentation of the Swiss approach to confidentiality in arbitration. Recently I have been told that "at the core, you are more Swiss than the Alps!" While I was not sure of whether this was a compliment, I guess it makes me kind of an expert on the matter.

Presentation given at the Warsaw Conference on Confidentiality vs. Transparency in International Arbitration, which took place on 9 February 2011 at the University of Warsaw. See conference report by M. Neumann; "Confidentiality vs. Transparency in International Arbitration - Conference Report", TDM 2 (2011), www.transnational-dispute-management.com/article.asp?key=1719

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