SIAC Arb SIAC Arbitration Rules (2025)
SIAC Arb
SIAC Arbitration Rules (2025)
59.1 Unless otherwise agreed by the parties, or as otherwise provided in these Rules, the parties, and any party representative, witness or expert, third-party funder, the members of any Tribunal, any Emergency Arbitrator, and any person appointed by a Tribunal, including any Tribunal Secretary and any Tribunal-appointed expert, the SIAC Court, the President, the Vice President, the Registrar, and the SIAC Secretariat shall be under a continuing obligation to treat all matters relating to the proceedings as confidential.
59.2 The discussions and deliberations of the Tribunal, the SIAC Court, and the SIAC Secretariat shall be confidential.
59.3 Unless otherwise agreed by the parties, or as otherwise provided in these Rules, the parties, and any party representative, witness or expert, third-party funder, the members of any Tribunal, any Emergency Arbitrator, and any person appointed by a Tribunal, including any Tribunal Secretary and any Tribunal-appointed expert, shall not, without the prior written consent of the parties, disclose to a third party any such matter except:
(a) for the purpose of making an application to any competent court of any jurisdiction to challenge or enforce the award;
(b) pursuant to the order of or a subpoena issued by a court of competent jurisdiction;
(c) for the purpose of pursuing or enforcing a legal right or claim;
(d) in compliance with the provisions of the laws of any jurisdiction which are binding on the party making the disclosure or the request or requirement of any regulatory body or other authority;
(e) pursuant to an order by the Tribunal on application by a party with proper notice to the parties; or
(f) for the purpose of any application under these Rules.
59.4 In Rule 59.1, “matters relating to the proceedings” includes the existence of the arbitration, the deliberations of the Tribunal, the pleadings, evidence, submissions, and all other materials and written communications produced and submitted by the parties in the arbitration, and any decision, ruling, order, or award, save where the information is, without any breach of Rule 59.1 and Rule 59.2, otherwise in the public domain.
59.5 The Tribunal has the power to enforce any obligation of confidentiality on the parties under these Rules, in accordance with the applicable law or pursuant to the parties’ agreement, and may issue an order or award for sanctions, damages, or costs and take measures to protect trade secrets.
Imported: