FAI ExpArb FAI Expedited Arbitration Rules 2024
FAI ExpArb
FAI Expedited Arbitration Rules 2024
49.1 Unless otherwise agreed by the parties, the Institute and the sole arbitrator shall maintain the confidentiality of the arbitration and the award. This obligation also applies to any expert or secretary appointed by the sole arbitrator, the members of the Board and the representatives of the Secretariat.
49.2 Unless otherwise agreed by the parties, each party undertakes to keep confidential all awards, orders and other decisions of the sole arbitrator, correspondence from the sole arbitrator to the parties, any recordings or transcripts made of the arbitration, as well as documents and other materials submitted by another party in connection with the arbitration, except where and to the extent that:
(a) such information (i) is publicly known or available, or subsequently becomes publicly known or available without any breach of confidentiality obligation by the receiving party, (ii) was in the lawful possession of the receiving party, without being subjected to confidentiality obligation, prior to its receipt from the disclosing party, (iii) is independently developed by the receiving party, or (iv) is received from a third party without any breach of confidentiality obligation; or
(b) disclosure may be required of a party by a legal duty, to protect or pursue a legal right, or to enforce or challenge an award in legal proceedings before a judicial authority; or
(c) there is otherwise a demonstrated need for disclosure that outweighs any party’s legitimate interest in preserving confidentiality.
49.3 In addition to the provisions of Article 49.2 above, upon the request of any party, the sole arbitrator may issue orders concerning the confidentiality of the arbitration proceedings or any other matters in connection with the arbitration.
49.4 Unless otherwise agreed by the parties, the Institute may publish excerpts or summaries of selected awards, orders and other decisions, provided that all references to the parties’ names and other identifying details are deleted.
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