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Arbitration Confidentiality Agreement Template for Singapore

This document is a legally binding agreement governed by Singapore law that establishes confidentiality obligations for parties involved in arbitration proceedings. It incorporates provisions from Singapore's International Arbitration Act and Arbitration Act, ensuring compliance with local legal requirements while protecting sensitive information disclosed during the arbitration process. The agreement defines the scope of confidential information, permitted disclosures, and enforcement mechanisms under Singapore's legal framework.

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What is a Arbitration Confidentiality Agreement?

An Arbitration Confidentiality Agreement is essential when parties engage in arbitration proceedings and need to protect sensitive information exchanged during the process. This document, governed by Singapore law, establishes clear parameters for handling confidential information, including business secrets, financial data, and other sensitive materials. It aligns with Singapore's robust arbitration framework and is particularly relevant given Singapore's position as a leading international arbitration hub. The agreement typically includes specific provisions for information handling, permitted disclosures, and consequences of breach.

What sections should be included in a Arbitration Confidentiality Agreement?

1. Parties: Identification of all parties to the agreement

2. Background: Context of the arbitration and need for confidentiality

3. Definitions: Key terms including 'Confidential Information', 'Arbitration', 'Representatives'

4. Scope of Confidentiality: Detailed description of what constitutes confidential information

5. Confidentiality Obligations: Core obligations regarding use and disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed

7. Duration: Period for which confidentiality obligations remain in force

8. Governing Law: Specification of Singapore law as governing law

What sections are optional to include in a Arbitration Confidentiality Agreement?

1. Security Measures: Specific security requirements for handling confidential information when dealing with highly sensitive information or digital data

2. Return of Confidential Information: Provisions for returning or destroying confidential information when physical documents or data storage are involved

3. Third Party Rights: Rights of third parties regarding confidential information when third parties may be affected by the agreement

4. Remedies: Specific remedies for breach of confidentiality when standard remedies are insufficient

What schedules should be included in a Arbitration Confidentiality Agreement?

1. Schedule of Authorized Representatives: List of individuals authorized to access confidential information

2. Schedule of Confidential Information: Detailed listing of specific confidential information covered

3. Security Protocol: Detailed procedures for handling confidential information

4. Form of Confidentiality Undertaking: Template for additional parties to sign confidentiality undertaking

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Singapore

Publisher

Ƶ

Cost

Free to use

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