Managing Confidentiality Risks in Arbitration

Best Practices to Protect the Privacy of the Proceedings and Documents

A special 60-minute briefing

Recording of a 60-minute CLE webinar with Q&A

Conducted on Thursday, February 12, 2009

Program Materials

This seminar will review current trends related to confidentiality in arbitration and will suggest steps parties should take to protect the privacy of the proceedings and related documents.


Parties in arbitration often assume that the proceedings, evidence and award will remain under wraps. However, there are limitations to arbitration confidentiality. If parties fail to impose proper safeguards, they may find the arbitration proceedings and related documents subject to disclosure.

There are no universal rules requiring complete confidentiality in arbitration. Whether a proceeding and associated materials remain private depends largely on the location of the arbitration, the governing arbitration rules and the language parties negotiate in the arbitration agreement.

Listen as our panel of experienced arbitration counsel reviews current trends related to confidentiality in arbitration and suggests steps parties should take to protect the privacy of the proceedings and related documents.



  1. Confidentiality of arbitration — current trends and state of the law
  2. Rules affecting confidentiality in arbitration
    1. American Arbitration Association (AAA)
    2. JAMS
  3. Best practices to protect privacy
    1. Closed-door proceedings
    2. Confidentiality provision in arbitration agreement
    3. Choice of law provision in arbitration agreement
    4. Confidentiality order from arbitrator


The panel will review these and other key questions:

  • How do state laws and the various arbitration rules address the issue of confidentiality?
  • What safeguards should arbitrators and arbitration counsel put in place to help ensure that arbitration proceedings and documents remain private?
  • What language should the parties include in the arbitration agreement to help protect the confidentiality of the proceedings?


Stanley P. Sklar
Stanley P. Sklar
Executive Director for Arbitration Studies
DePaul University College of Law Center for Dispute Resolution

He has been an arbitrator and mediator in real estate and construction disputes. He has chaired panels concerning...  |  Read More

Steven C. Bennett
Steven C. Bennett

Jones Day

He focuses on domestic and international commercial litigation and arbitration. He regularly speaks to a wide array of...  |  Read More

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