Summary

Arbitration offers major advantages over litigation, including wider and more effective enforceability, the option to select a tribunal with relevant expertise in the subject matter of the dispute and, in most jurisdictions, the confidentiality attaching to the arbitral proceedings and to the documents created for it.

Two recent significant decisions in the English courts have refined the law relating to confidentiality; this article reports on these decisions and places them in the context of international developments relating to confidentiality in arbitration.