By: Arun Nachiappan (Symbiosis Law School, Pune) Introduction The code of conduct for mediators plays a significant role as far as any mediation is concerned. Ultimately, they are expected to be fair and reasonable while making proposals to settle the matter. In such a scenario, any mediator who engages in international mediation subscribes to the … Continue reading Admissibility of Confidential Information in Domestic Courts: Examining a Pitfall in Singapore Mediation Convention
Category: Confidentiality
Public-Private Arbitrations in India: Are Democratic Norms Protected?
In this post, the authors examine how arbitrations involving the government enties must be held to different standards in light of issues of public interest, transparency, and accountability.
Public Interest in International Commercial Arbitration: Time for English Courts to Align with Esso?
This piece by Abhinav Gupta seeks to highlight the failure of English courts to determine a clear cut and precise position as to whether an exception of public interest can justify the breach of confidentiality. He also presents some solutions for appropriate disclosure of information in public interest.
A Case of Recognizing the Pitfalls in Section 42A of the Indian Arbitration Act
In this post, Ramachandran and Simran argue that by curtailing the confidentiality obligation only to certain entities and concealing the arbitral awards to eternity through a depository, section 42A has turned into a case of nail in the coffin for jurisprudence surrounding third-party signatories. Through this piece, they attempt to deconstruct the issue and provide a way out to remedy this flaw.
Section 29A: Hurdle to the Confidentiality of Arbitral Proceedings
In this article of our theme-based blog posts, Smriti Shukla addresses persisting glitches in the Arbitration and Conciliation (Amendment) Act, 2019, specifically in the context of Section 29A which lays down a mandatory time limit for an arbitral tribunal to render its award in an India-seated arbitration. This article will attempt to examine the Pandora's Box opened by this Section 29A in the act, with the view that it violates newly incorporated Section 42A of the Act which talks about Confidentiality of the arbitral proceedings.
RMLNLU Arbitration Law Blog 