THE CONUNDRUM OF DATA CONFIDENTIALITY IN ARBITRATION


Paridhi Swami & Shruti Mandhotra, School of Law, UPES, Dehradun


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ABSTRACT


Arbitration, as one of the arms of ADR, achieves its significance and acceptance from the deep-seated need of the society to avoid the tedious processes of the court and to achieve certain confidentiality in the proceedings.

Globally, the creation of GDPR in the EU has triggered the talk with respect to data protection and cybersecurity. With all these global developments, India is also trying to reach par with the rest of the countries with the introduction of the Data protection bill and then the Amendment Bill, 2019.

In this paper, the authors try to analyze the importance of legislation for data confidentiality in India while making a comparative analysis with EU and US. Keeping at pace with the rapid growth in technology and the importance of adapting to the new normal, authors will also articulate upon the future sanctity of data confidentiality via E- arbitration and provide suggestions for the way forward.

Keywords: E- arbitration; data confidentiality; international commercial arbitration; public interest.

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