Confidentiality in arbitration is affected by a number of factors. While arbitrators themselves have a duty to maintain confidentiality, the same duty does not apply, at least not in the same way, to the parties and others involved in the arbitral proceedings. Significant jurisdictional differences, both in terms of legislative references as well as institutional arbitral rules, prescribe different requirements and, for parties, the key is to ensure a thorough understanding of their rights and obligations as they progress through the various stages of the arbitration.
In conversation with CADRIn co-founder, Baria Ahmed, international Chartered Arbitrator, Mr Calvin Hamilton FCIArb, shares his views and experiences on the topic.
Contributor: Calvin A. Hamilton
Calvin A. Hamilton has more than 35 years' experience in international arbitration and has sat in investor state and commercial disputes across the globe. His experience includes sitting as an arbitrator under ICC, ICDR, Madrid Court of Arbitration, Zurich Chamber of Commerce and UNCITRAL Rules in a variety of seats. His primary focus is the Caribbean, London, Continental Europe and the United States. Appropriate to his practice experience, Mr Hamilton has developed a good understanding of the common law and civil law through his practice in Spain, the Commonwealth Caribbean, including Guyana and Barbados, and the US. His culture and language skills also enable him to properly conduct arbitrations, appreciate and anticipate cultural and other due process problems when sitting as an arbitrator. Mr Hamilton is fluent in Spanish and conducts arbitrations in both English and Spanish. He is proficient in French and has a working knowledge of Portuguese. He is a dual national of Guyana and Spain and is admitted in New York and Madrid.