A COMPARATIVE LEGAL ANALYSIS OF CONFIDENTIALITY IN INTERNATIONAL COMMERCIAL ARBITRATION: CASE STUDY FOR RWANDA

Abstract

Confidentiality in commercial arbitration is a crucial aspect that ensures that integrity and effectiveness of the arbitral process. This legal analysis delves into the concept of confidentiality in commercial arbitration, focusing on the case of Rwanda. Drawing insights from other established jurisdictions like England and Australia explores the significance of confidentiality in arbitral proceedings and its implications for the Rwandan arbitration system. By examining the approaches taken by these jurisdictions in implementing confidentiality provisions, the research aims to provide recommendations on how Rwanda can enhance its arbitration regime by incorporating robust confidentiality measures. While exploring the approaches of established jurisdictions, like England and Australia, this study will further consider what potential challenges or limitations there could be in implementing such confidentiality provisions within Rwanda's arbitration system. Whereas confidentiality is held to be an indispensable element in the process of trust-building, and subsequently promoting uninhibited discussions between parties, its application in the real world presents several challenges, such as the need for specific legal frameworks to spell out the limits of confidentiality, balancing transparency with privacy, and the mechanism through which the duty of confidentiality is imposed. The present study will consider how Rwanda would handle those challenges in her attempt at improving her arbitration system, within the country's peculiar legal, economic, and cultural conditions. It is supposed to take into consideration experiences in other jurisdictions and assess local needs to see where it can make practical propositions regarding how protection of confidentiality that fosters fairness, reduces risks of abuse, and increases efficiency and credibility can be incorporated into commercial arbitration in Rwanda.