Under Section 42A of the Act (inserted in 2019), **confidentiality of …

Question

Under Section 42A of the Act (inserted in 2019), **confidentiality of arbitral proceedings** must be maintained by the arbitrator, the arbitral institution and the parties, except:

Accepted Answer

D. {'text': 'Where disclosure of the award is necessary for the purpose of implementation and enforcement of award', 'label': 'D'}

1. Section 42A of the Act, inserted by the 2019 Amendment, establishes confidentiality as a baseline rule.
2. "Notwithstanding anything contained in any other law for the time being in force, the arbitrator, the arbitral institution and the parties to the arbitration agreement shall maintain **confidentiality of all arbitral proceedings** except award where its disclosure is necessary for the purpose of implementation and enforcement of award."
3. Section 42B then protects the arbitrator from suit/proceedings for anything done in good faith under the Act.
4. Third-party/commercial/social-media requests do not by themselves override the confidentiality rule.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 13 (Arbitration and Conciliation Act, 1996), pp. 314-333._

Answer

{'text': 'Where any social media platform of any description requests disclosure under any law in force in any State of India regardless of any other consideration of any kind under any law in force in any State of India', 'label': 'A'}

Answer

{'text': 'Where any third party of any description in any media of any kind requests disclosure under any law in force in any State of India regardless of any other consideration of any kind under any law in force', 'label': 'B'}

Answer

{'text': 'Where any commercial competitor of any party of any description requests disclosure under any law in force in any State of India regardless of any other consideration of any kind under any law in force', 'label': 'C'}