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Confidentiality under the Indian Arbitration Regime.

Jaideep Khanna

The full chapter may be found by clicking on the PDF link to the left.

This paper analyses confidentiality obligations via the insertion of Section 42A to the Arbitration and Conciliation Act, 1996. Section 42A imposes data confidentiality obligations upon the arbitrator and parties to an arbitration. However, the extent, scope and exceptions to confidentiality remain contentious and unresolved. The author draws references from cross-border jurisdictions to illustrate the efforts being made for regulating confidentiality concerns and combating practical problems of confidentiality obligations. The author concludes by suggesting a set of legislative and judicial opportunities for India to provide for a comprehensive confidentiality framework for arbitration in the country.

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