Privacy and Confidentiality in International Arbitration


In accordance with the Arbitration Law of the People’s Republic of China and other applicable provisions, an arbitration proceeding shall be held in camera unless:
a. both the claimant and the defendant agree and the arbitral tribunal approve that the proceeding be held in public; and
b. no state secrets are involved in the case.
Such requirements are similar to those for court proceedings, where state secrets are the first priority to consider. As the parties may waive their rights in their own confidential information but shall not pose risks to national and public interests.
If the arbitration proceeding is conducted nonpublic manners, neither person present in the arbitral room, including but not limited to the claimant and the respondent, their agents, attorneys, or other representatives, witnesses, appraisers, experts, consultants, interpreters, arbitrators, clerks, or any other persons participating in the proceedings may reveal or disclose any documents presented or information provided during the proceeding to any outsider.

Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

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