ADMISSIBILITY OF ILLEGALLY OBTAINED EVIDENCE THROUGH THE LENS OF CONFIDENTIALITY IN INTERNATIONAL
Ravitej Chilumuri, Yuvraj Choksy & Pranjal Agarwal
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Confidentiality is an integral component of arbitration, and one of the primary reasons why arbitration is preferred over litigation. This was also recognized by a former Secretary General of the Court of International Arbitration in the Esso Case in 1976 when arbitration was still a novel concept. However, despite its fundamental nature, confidentiality continues to remain a contentious issue in terms of its exceptions which have been created in international jurisprudence over the years; one such exception being the admissibility of illegally obtained evidence. This article primarily looks to explore the admissibility of illegally obtained evidence through the lens of the concept of confidentiality in arbitration.
This article has been divided into four parts for a clear segregation of topics that have been covered. Part I explores the concept of confidentiality across international and Indian jurisprudence. Part II examines the general law on the admissibility of illegally obtained evidence in various countries, including India. Part III discusses illegally obtained evidence as a violation of the principle of confidentiality in arbitration. Part IV offers concluding remarks of the authors on the confounding interplay of illegally obtained evidence and confidentiality.