In the first issue of the European International Arbitration Review’s (EIAR) second volume (2013), Heiner Kahlert comparies a number of European jurisdictions as to confidentiality in arbitration. The treatise explains that there are numerous common features, including in particular the presumption of privacy, confidentiality obligations of arbitrators and a vast autonomy of the parties to agree on the level of confidentiality. The biggest discrepancy between jurisdictions relates to the question of whether parties to arbitration are bound by a broad confidentiality obligation even if there is no agreement to this effect – even on this issue, however, the differences are smaller than they may initially seem.
The exact reference to the article can be found in “publications“.