ABSTRACT
Arbitration is unquestionably a “private” procedure. It is a process based on the agreement of the parties, and controlled by the parties. While many people associate arbitration with confidentiality, the reality is that the law on the confidentiality of arbitration varies significantly between jurisdictions. A dispute arose and arbitral proceedings were commenced against the solicitor. In the arbitration, the company initially made allegations of fraud, but later amended its claims and withdrew those allegations. Given the inherent procedural flexibility of arbitration, it is impossible to provide any sort of standardised account of arbitral procedure. The dominant approach in court litigation is that once a court has decided to close proceedings and prevent any new submissions, then the proceedings are indeed closed. As part of the Request for Arbitration and the Answer, the Claimant and Respondent will usually both have been required to address the constitution of the arbitral tribunal – that is, who the arbitrator(s) should be.
