Confidentiality in Arbitration: A Broken Promise

Arbitration has emerged as a leading substitute to litigation for resolving disputes and unlike litigation, arbitration is private in nature. In this paper, we take a brief foray into the emerging challenges to confidentiality in arbitration which have been brought to light in the recent Amazon – Future Group arbitration dispute, analysing the ways in which the principle of confidentiality can be protected in the future. The paper begins by discussing how the law applies to confidentiality in both domestic and international arbitration, followed by the threats it faces in the near future. The paper then proceeds to unfold and discuss constructive suggestions for the implementation of confidentiality in arbitration disputes in such circumstances.