208 ARTICLE SOURCES OF CONFIDENTIALITY OBLIGATIONS IN INTERNATIONAL COMMERCIAL ARBITRATION By Elza Reymond-Eniaeva Author LLM, Universities of Geneva and Lausanne, 2005 Associate at Sidley Austin LLP E-mail: ereymond@sidley.com Abstract Confi dentiality is one of the most controversial topics in international commercial arbitration. <...> Most inexperienced users simply presume that the arbitration proceedings are confi dential. <...> Those with more experience realize that this is not simply a black-and-white issue, and in the absence of an express agreement and specifi c regulation, confi dentiality will not be guaranteed. <...> Given the multitude of sources, it is not easy to determine whether the relevant person is bound by the confi dentiality obligations regarding the documents or information related to the arbitration proceedings. <...> It is therefore essential to identify the relevant sources. <...> The subject matter of this article is limited to examination of such sources as an express agreement, international arbitration rules, generally accepted arbitral practice, national case law, and legislation. <...> Based on this analysis, it becomes clear that the involved parties’ autonomy regarding the existence and scope of confi dentiality of the arbitral proceedings is very important. <...> For the parties seeking some predictability, it is therefore advisable to conclude an express agreement, as well as to carefully choose the seat of the arbitration, the law applicable to the contract, the applicable procedural rules, and the institutional arbitration rules. <...> Keywords Confi dentiality, confi dentiality obligations, international commercial arbitration, presumption of confi dentiality, sources of confi dentiality obligations www.kulawr.ru Volume 1 December 2014 Issue 2 KUTAFIN UNIVERSITY LAW REVIEW Elza Reymond-Eniaeva Sources of Confi dentiality Obligations in International Commercial Arbitration TABLE OF CONTENTS I. INTRODUCTION . 209 II. <...> GENERALLY ACCEPTED ARBITRAL PRACTICE . 223 V. NATIONAL LEGISLATION AND CASE LAW . 226 VI. <...> Bibliography . 233 I. INTRODUCTION The confi dentiality of international commercial arbitration is a very controversial issue. <...> On the other hand, there is no uniform regulation in national legislations, arbitration rules and other relevant sources, as to the scope or even the existence of an obligation for involved persons to keep certain information related to the arbitration proceedings confi dential.1 Moreover <...>