Introduction

Confidentiality is often stated to be a key reason why businesses choose to arbitrate rather than litigate. In a recent survey of in-house counsel conducted by the School of International Arbitration at Queen Mary University in London, 84% of those surveyed admitted to choosing arbitration at least in part because of its " confidentiality ". This is not surprising if one considers how widespread is the misconception that arbitration proceedings are automatically confidential. According to the aforementioned survey, over 50% of interviewees believe that arbitration ...