Confidentiality in Arbitration: How Far Does It Extend?

Arbitration confidentiality appears to be the accepted orthodoxy in England. Yet in the arena of international arbitration, arbitration confidentiality has not been uniformly recognised. The aim of this monograph is to explore in-depth the concept of confidentiality in arbitration proceedings and its exceptions. This study examines the case law in England and compares that with the positions in Australia, New Zealand, the United States, Sweden, France, Germany and Singapore.

Chapter 1   Introduction
Chapter 2   The English Position
Chapter 3   The 2003 Privy Council Decision in AEGIS v European Reinsurance
Chapter 4   The Australian Position
Chapter 5   The New Zealand Position
Chapter 6   The US Position
Chapter 7   The Position in Sweden
Chapter 8   The German and French Positions
Chapter 9   The Singapore Position
Chapter 10 Institutional Rules Governing Confidentiality
Chapter 11 The Scope of the Confidentiality Obligation
Chapter 12 The Exceptions to Confidentiality: The Exception or the Rule?
Chapter 13 Whither the Exceptions?
Chapter 14 The Riddick Principle
Chapter 15 The Equitable Doctrine of Confidentiality


Quentin Loh SC is a member of the Executive Committee, heads the Building & Engineering Construction and Insurance & Reinsurance practice groups, and is a key member of the International arbitration group of Rajah & Tann. Prior to joining Rajah & Tann in 2001, he was the managing partner of Cooma, Lau and Loh, a firm he co-founded in 1978.

He is the author of the Singapore chapter in International Law & Regulation (Longman Law, Tax & Finance), "The Duty of Counsel Before an Alternative Dispute Resolution Tribunal" in Wege zur Globalisierung de Rechts by Herausgegeben von Reinhold Geimer (C H Beck'sche Verlagsbuchhandlung Munchen, 1999) and "Injunctions Restraining Calls in Performance Bonds - Is Fraud the Only Ground in Singapore?" [2000] Lloyd's Maritime & Commercial Law Quarterly 289.

Edwin Lee is a partner in the Building & Engineering Construction practice group of Rajah & Tann. He is also an adjunct lecturer with the Singapore Institute of Management ("SIM") and lectures on Building Contract Law for the Bachelor of Science (Construction Management) course organised by SIM and the Royal Melbourne Institute of Technology.

He is the author of the book, Building Contract Lawin Singapore, which is into its second edition (2003). He is also the co-author of the book, Law & Practice of Injunctions in Singapore (2004), and a contributor to the construction section of the Singapore Precedents of Pleadings (2006).



Publication Type:


CS Redeemable:


Date of Publication:

Jul 2007

ISBN Code:








Shipping to SG: