Arbitration Confidentiality Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Arbitration Confidentiality Agreement

"Need an Arbitration Confidentiality Agreement for a technology sector dispute involving source code and trade secrets, with enhanced cybersecurity provisions and specific requirements for virtual data rooms to be used during the Hong Kong-seated arbitration commencing March 2025."

Document background
The Arbitration Confidentiality Agreement is essential in Hong Kong-seated arbitrations where parties need to protect sensitive information exchanged during proceedings. While the Hong Kong Arbitration Ordinance provides for implied confidentiality in arbitrations, parties often require more detailed and specific confidentiality arrangements. This document is typically used at the commencement of arbitration proceedings or when sensitive information needs to be exchanged between parties. It addresses various aspects of confidentiality, including the scope of protected information, handling procedures, permitted disclosures, and consequences of breach. The agreement is particularly important in complex commercial disputes where trade secrets, financial data, or other sensitive business information may be disclosed during the arbitration process.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including their full legal names and registered addresses

2. Background: Context of the agreement, including reference to the underlying arbitration proceedings

3. Definitions: Definitions of key terms including 'Confidential Information', 'Arbitration', 'Permitted Purpose', and 'Representatives'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to legal advisors, experts, and courts

7. Security Measures: Required measures for protecting and storing confidential information

8. Duration of Obligations: Period for which confidentiality obligations remain in force

9. Return or Destruction of Information: Requirements for handling confidential information after the arbitration concludes

10. Breach and Remedies: Consequences of breaching the agreement and available remedies

11. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes

Optional Sections

1. Third Party Rights: Section addressing rights of third parties under the agreement, relevant when third parties may be involved in the arbitration

2. Data Protection Compliance: Additional provisions for compliance with data protection laws, necessary when personal data is involved

3. Intellectual Property Rights: Provisions addressing IP rights in confidential information, relevant when IP is part of the arbitration

4. Insurance Requirements: Obligations to maintain insurance coverage for potential breaches, useful for high-value or sensitive cases

5. Publicity and Communications: Specific provisions regarding public statements about the arbitration, relevant for high-profile cases

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered by the agreement

2. Schedule 2 - Authorized Representatives: List of individuals authorized to access confidential information

3. Schedule 3 - Security Protocols: Detailed security measures and procedures for handling confidential information

4. Appendix A - Form of Confidentiality Undertaking: Template undertaking to be signed by individuals who will have access to confidential information

5. Appendix B - Notification Requirements: Procedures and timeframes for notifications regarding disclosure or breach of confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Financial Services

Manufacturing

Technology

Construction

Energy

International Trade

Pharmaceuticals

Maritime

Real Estate

Professional Services

Telecommunications

Healthcare

Infrastructure

Mining

Intellectual Property

Relevant Teams

Legal

Compliance

Risk Management

Corporate Governance

Information Security

Executive Leadership

Operations

Document Control

Regulatory Affairs

Privacy

Relevant Roles

General Counsel

Legal Director

Arbitration Counsel

Compliance Officer

Risk Manager

Corporate Secretary

Legal Operations Manager

Dispute Resolution Director

Chief Legal Officer

Privacy Officer

Contract Manager

Legal Counsel

Chief Executive Officer

Chief Financial Officer

Head of Legal

Information Security Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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