Confidentiality & Arbitration in the US & UK: Do the Exceptions Swallow the Rule?

This program is sponsored by CPR Institute's Arbitration Committee. It is free and open only for CPR Institute Members and Neutrals.

Speakers:

• Mike Lampert, Arbitrator & Mediator, LampertADR, CPR Distinguished Neutral
• Adam Samuel, Compliance and Dispute Resolution Specialist

Confidentiality is often cited as an advantage of arbitration over litigation in both the US and England. But do the circumstances where confidentiality is denied mean that this advantage is an illusion? In this program, Mike Lampert and Adam Samuel will be discussing and contrasting privacy and confidentiality in both countries.

Why are we talking about the US and England? In the US, issues of confidentiality have revolved mainly around practice with no decisive court decisions laying down specific rules. In England, the situation could not be more different. With a unified legal system, its Court of Appeal (one stop short of the Supreme Court) has issued numerous decisions on the participation of third parties in cases, the uses of information about and materials developed during cases, the publicity given to awards and their reasons and decisions on challenges to them.

The English courts also have a well-developed set of exceptions to most of the traditional bars on disclosing things. The sheer volume of English published material in this area makes it likely to influence courts and arbitrators in the US and more generally around the world . 

Adam Samuel is a lawyer and panelist in a variety of different environments (UK Upper Tribunal member judging challenges to financial services regulators, domain name panelist, member of a number of arbitration panels) as well as an adviser and teacher of and writer on international arbitration. 

Mike Lampert is an arbitrator and mediator in complex commercial & international disputes in both the US and England and a former Deputy General Council of a global financial services group.

Questions? Email Micah Seigel at mseigel@cpradr.org.

Want to stay up-to-date on upcoming programs? Subscribe to our newsletter, the DateBook.