City Research Online

Abstract

The great Persian scholar Rumi (also commonly known as Mevlânâ) has often preached on the virtue of keeping ones confidence. To Rumi, the less one speaks, the closer one gets to virtuousness. This paper considers whether Rumi’s line of thinking could comparatively and appropriately be applied to the confidentiality of English arbitrations such that it is deserving of legislative protection, in light of the English Law Commission’s current review of the English Arbitration Act 1996. The somewhat unusual philosophical approach to the topic is considered warranted given the divergence in approach in various renowned arbitration friendly jurisdictions on the issue of confidentiality (and privacy), and given the lack of uniformity and consistency in the terminology and historical foundations by members of the English judiciary. To that end, this paper considers the concepts of privacy and confidentiality of arbitrations, analyses the scope and extent of the duty of confidentiality under English law, and critically evaluates whether the confidentiality of arbitrations is deserving of legislative protection and shielding, in light of Rumian philosophical thinking. The paper concludes that the confidentiality of arbitrations should be enshrined into law to ensure uniformity, consistency of treatment and certainty of application. The Law Commission should, however, ensure that appropriate exceptions are carved into the general rule of confidentiality, largely reflecting those established in caselaw, paying particular attention to the need to protect and preserve the legitimacy and transparency of the arbitral process.

Publication Type:	Article
Additional Information:	This is a pre-copyedited, author-produced version of an article accepted for publication in [insert journal title] following peer review. The definitive published version [insert complete citation information here] is available online on Westlaw UK.
Subjects:	K Law > K Law (General)
Departments:	The City Law School The City Law School > Academic Programmes
SWORD Depositor:	Symplectic Administrator

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