Arbitrators and mediators also play an important role in protecting personal confidential information. They have a duty to: Keep confidential all information obtained in connection with an arbitration or mediation. Transport and store, of case materials in a manner that preserves the confidentiality of the information.
While it is true that arbitration is generally private because the public is excluded from the arbitration hearing, it does not follow that the arbitration proceedings remain confidential.
During the arbitration hearing, each side lays out their points and presents the evidence they have. But unlike the typical courtroom setting, the procedures are different, and the arbitration proceedings stay confidential.
Arbitration sessions are open to the public as are most court proceedings. Mediations, however, are private and confidential and are not open to the public. If an arbitration hearing is converted to mediation with the consent of the parties, only the litigants will be allowed to remain in the hearing room.
If the dispute involves sensitive information, arbitration provides a confidential setting where details are not disclosed to the public.
Often, rules and awards are also available via the arbitral bodies' website. Westlaw's International Arbitration Materials provides access to cases, awards, rules, conventions, legislation, model laws, and more for practicing U.S. lawyers.
Email Support to request assistance with using the site, to report broken links, or for assistance with Member Access. If you are an arbitrator and have questions concerning case assignments for hearings or questions regarding rendering a decision, please contact us at 1-866-977-3434 or arbitratorsupport@arbfile.
Either Party to a contract in which there is an Arbitration clause can either himself or through an authorised agent may invoke Arbitration so as to refer the dispute to arbitration, as per provisions of the arbitration clause.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.