Difference Between Privacy And Confidentiality

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THE DIFFERENCE BETWEEN PRIVACY AND CONFIDENTIALITY A glaring question raised from the inspection of institutional rules on arbitration is whether privacy and confidentiality are different or not. To answer this very question, a crucial distinction should be made between both the terms. They have been presumed to be the core principles of any arbitral proceedings; this does not mean these two different concepts are implied to be one and the same thing. In fact they are corollaries to each other, since the reason of privacy is the concern for confidentiality. Privacy will be meaningless without confidentiality. Various scholars have made quite a number of distinctions as to what is exactly the concept of privacy and confidentiality. In some…show more content…
Furthermore, third party participant who do not agree to any confidentiality agreement or rules remain free to talk about the arbitration proceedings. Privacy thus does not ensure confidentiality of arbitration proceedings and arbitration is not entirely secret, as information about arbitration may become public unless the parties contractually require that this information remain confidential. Amy Schmitz states that arbitration is a private but not confidential process. She further clarifies the above statement by arguing that arbitration is a closed process after all, but being closed does not mean that it is confidential. This is because the information used in any arbitral proceedings can become public after all. This can be illustrated through the landmark judgement of Esso Australia Resources Ltd v. the Honourable Sidney James Plowman (Esso Australia case) which distinguished between the two concepts of privacy and…show more content…
This statement is further elaborated by Schmitz who states that the parties of the arbitral proceedings have to respect and maintain whatever they have learnt in the arbitration as secret. The press and the public lose the access to the hearings and the awards. The documents used in the arbitral proceeding would not be admissible in court proceedings. But in reality this type of secrecy does not exist in arbitral proceedings since certain information need to be disclosed for the public

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