The Arbitration Confidentiality Agreement serves as a crucial document in UAE-based arbitration proceedings where parties need to protect sensitive business information, trade secrets, and other confidential matters disclosed during the arbitration process. This document becomes particularly important as the UAE Arbitration Law, while providing a framework for arbitration, does not exhaustively address confidentiality obligations. The agreement should be implemented at the outset of arbitration proceedings and typically remains in force even after the conclusion of the arbitration. It covers various aspects including definition of confidential information, scope of obligations, permitted disclosures, security measures, and enforcement mechanisms, all while ensuring compliance with UAE legal requirements and international arbitration best practices.
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1. Parties: Identification of all parties to the confidentiality agreement, including the disputing parties, arbitrators, and any institutional administrator
2. Background: Context of the arbitration and purpose of the confidentiality agreement
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Authorized Recipients', 'Arbitration Proceedings'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the arbitration
5. Confidentiality Obligations: Core obligations regarding non-disclosure and restricted use of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and court orders
7. Security Measures: Required measures for protecting and securing confidential information
8. Duration of Obligations: Time period for which confidentiality obligations remain in force
9. Return or Destruction of Information: Requirements for handling confidential information after the arbitration concludes
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for enforcement
1. Electronic Information Security: Additional provisions for securing electronic documents and communications, recommended when substantial electronic data is involved
2. Third Party Obligations: Provisions for ensuring confidentiality by third parties such as experts or witnesses, needed when third parties will have access to confidential information
3. Public Domain Exception: Provisions addressing information that becomes public through no fault of the parties, recommended for complex cases
4. Specific Industry Requirements: Additional provisions required for specific industries (e.g., financial services, healthcare), used when industry-specific regulations apply
5. Translation Requirements: Provisions for handling translated documents and maintaining confidentiality across languages, needed in multi-language arbitrations
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered by the agreement
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking to be signed by authorized recipients
5. Appendix B - Data Handling Procedures: Specific procedures for handling, storing, and destroying confidential information
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