The principle of confidentiality and its importance on arbitration

Abstract

This paper aims to demonstrate the development and importance of the principle of confidentiality in the Ecuadorian arbitration system, focusing primarily on the national and international case law that has revolved around this principle. In relation to this subject, this paper also seeks to clarify the possible confusion that may arise between the principles of confidentiality and privacy. Furthermore, it analyzes the topic of confidentiality in the arbitration system, in particular its relationship with the arbitration awards granted with basis on this principle. Finally, the paper makes a critique of Ecuadorian legislation regarding the previous subject matter, and it proposes several improvements in order to better handle the growing demand of arbitration procedures in Ecuador.