WilmerHale Counsel Marija Scekic will speak on the panel "Is confidentiality on the decline in International Commercial Arbitration?" at GAR Live: Vienna on May 23, 2022.
Confidentiality is a key characteristic of arbitration. When asked about the reason they opted for arbitration, users regularly mention its confidential nature as one of the top responses. Is one of the pillars of arbitration getting shaky? Institutions and practitioners increasingly see transparency as providing greater confidence in the arbitration process and therefore necessary to remain attractive to its users. But are users welcoming this shift to more transparency or do they rather prefer to keep their disputes confidential? And can arbitration rules providing for publication override national rules on contract interpretation, under which parties may have impliedly agreed on confidentiality, as held by several courts in the past?
In this session the panel will consider this question and also discuss what confidentiality now means, in a practical sense, which details clients really want to be kept private, and whether there could be a better way to achieve this.
WilmerHale is a silver sponsor of this event.