Arbitrators Are Required to Keep Confidential the Content of the Disputes They Resolve

Arbitrators are required to keep confidential the contents of the disputes they handle?

Based on Article 21 of the Law on Commercial Arbitration 2010, the rights and obligations of Arbitrators are as follows:

1. Accept or refuse to resolve disputes.

2. Be independent in resolving disputes.

3. Refuse to provide information related to the dispute.

4. Receive remuneration.

5. Keep confidential the contents of the disputes they handle, except in cases where information must be provided to competent state agencies as prescribed by law.

6. Ensure impartial, swift, and prompt resolution of disputes.

7. Comply with professional ethical standards.

Thus, arbitrators are obligated to keep confidential the contents of your dispute, except in cases where information must be provided to state agencies.

What are the penalties for arbitrators who do not keep the contents of the disputes they handle confidential?

Based on Article 27 of Decree 82/2020/ND-CP, the provisions are as follows:

1. A fine ranging from VND 10,000,000 to VND 20,000,000 for one of the following acts:

a) Resolving disputes in cases where the arbitrator is a relative or representative of one party in the dispute;

b) Resolving disputes in cases where the arbitrator has interests related to the dispute;

c) Resolving disputes in cases where the arbitrator has been a mediator, representative, or lawyer for one of the parties before the dispute is brought to arbitration, except where consent is given by the parties in writing;

d) Resolving disputes when there is clear evidence showing that the arbitrator is not impartial and objective.

2. A fine ranging from VND 20,000,000 to VND 30,000,000 for one of the following acts:

a) Disclosing confidential contents of the disputes they handle, except in cases where information must be provided to competent authorities as prescribed by law;

b) Engaging in commercial arbitration activities without meeting the standards and conditions of an arbitrator.

3. Remedial measures:

Forcing the return of illicit gains obtained from committing the violations specified in clauses 1 and 2 of this Article.

Arbitrators who disclose confidential contents of the disputes they handle, except where information must be provided to competent authorities, can be fined from VND 10,000,000 to VND 20,000,000 and be forced to return illicit gains obtained.

Respectfully!