How is the issue of confidentiality treated in arbitration?

Confidentiality is an important element of arbitration in California. According to the California Code of Civil Procedure, confidentiality is important to the parties involved in arbitration as well as to the arbitration process as a whole. Confidentiality is ensured because arbitration proceedings are made private. Arbitration hearings are not a matter of public record, and all parties to the arbitration are required to keep the proceedings confidential. Other witnesses who appear in the hearing are also sworn to keep the information obtained confidential, and all documents and evidence obtained in the arbitration are not subject to public scrutiny. Confidentiality may be broken in certain situations, however. If a trial follows the arbitration, the evidence obtained in the arbitration may be used in the trial. Additionally, if a court is asked to uphold or set aside an arbitration award, both the arbitration award and the proceedings involved in reaching it may become public. With regard to the settlement agreements that can often be reached during arbitration proceedings, the parties may choose to make them public or keep them strictly confidential. The parties may also opt to keep some of the specifics of the agreement confidential, while making the end result public. Overall, confidentiality is an important component of the arbitration process in California. The parties, witnesses, and arbitrator involved in the arbitration are all required to uphold the confidentiality of the proceedings, and, depending on the situation, the settlement agreement can be kept confidential or made public.

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How is the issue of confidentiality treated in arbitration?

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