Part III Practice and Procedure, 15 Preserving Confidentiality in International Mining Disputes

Abstract

International mining disputes often involve highly sensitive technical and financial information that parties may want to protect from those outside of the dispute process and, indeed, even from the other side in the dispute process itself. While most arbitral rules contain general provisions regarding privacy, they do not provide a clear framework for how sensitive or confidential information is to be protected from disclosure. This is largely because it is for the parties to agree upon how confidential information is to be protected or, if necessary, for an arbitral tribunal to decide based upon an application of a party to protect certain information after both sides have had an opportunity to be heard. This chapter discusses document production in international arbitration; the strategic importance of maintaining confidentiality in international mining disputes; and procedural devices to preserve confidentiality in international mining disputes.