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ICC model confidentiality agreement
Publisher: International Chamber of Commerce

95, like Article 94, permits the suspension of the obligation to cooperate with the Court but, unlike Art. Nevertheless, confidentiality is considered to be a feature of all arbitration proceedings, as part of the original arbitration clause or as a “natural” consequence of such agreement, no matter whether a confidentiality clause has .. 94, does not require agreement of the Court as to the duration of the suspension of the obligation. Some of the major arbitral institutions (like ICC, LCIA, CAM etc) provide that each arbitrator must disclose to the Institution all the information concerning past or present relationship with the proceedings and/or the players involved in the case. Article 22 of the revised Rules envisages the tribunal making confidentiality orders tailored to the specific needs of the case before them. (2) a recognition that while an arbitral tribunal may, after consulting with the parties, impose such procedures as it deems appropriate, it may do so only if the procedures are not contrary to any agreement of the parties (Article 22[2]);. Under Article 7, a party may join a Orders Regarding Confidentiality Now Available. For reasons which are entirely unclear to me, Libya's submission to the PTC, made on the 23rd of January, were made on a confidential basis and all that is public is a report by the ICC Registry indicating that the observations were made. The 2012 ICC Rules include a number of new provisions regarding joinder of additional parties (Article 7), claims between multiple parties (Article 8), multiple contracts (Article 9), and consolidation of arbitrations (Article 10). (3) a best (7) the power of the arbitral tribunal, upon request by a party, to make orders concerning the confidentiality of the arbitration and/or to impose protective measures relating to trade secrets and confidential information (Article 22[3]). Accordingly, upon the request of any party the arbitral tribunal is authorized to make orders concerning the confidentiality of the arbitration proceedings or any other matters in connection with the arbitration and may take measures for protecting trade The flexibility provided by the new rules remains subject to the ICC Court's prima facie satisfaction that an arbitration agreement binding all parties may exist is a fundamental principle that is set forth by Article 6(4).