Abstract
Confidentiality in the English law of international arbitration is not an undisputed feature as one would think. The present article aims to define the legal nature of the purported “duty” of confidentiality in English law. With reference to the landmark decisions of the English courts in this area, the article critically assesses whether confidentiality is or should be implied as a term in fact, in law, or by custom. The article also addresses the particularities pertaining to the interpretation of express confidentiality agreements that were traditionally thought to provide a secure solution to confidentiality–related concerns. Finally, criticisms and reluctance voiced against confidentiality by English courts are assessed and considered for the purpose of completing the analysis on the issue of legal nature.
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