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Arbitration Confidentiality Agreement

Arbitration Confidentiality Agreement Template for India

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Key Requirements PROMPT example:

Arbitration Confidentiality Agreement

"I need an Arbitration Confidentiality Agreement for an upcoming technology dispute in March 2025, which must specifically address protection of source code and technical specifications, with provisions for expert witness access."

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Document background
This Arbitration Confidentiality Agreement is essential when parties engage in arbitration proceedings in India where sensitive commercial, technical, or proprietary information needs protection. The agreement becomes particularly crucial in disputes involving trade secrets, intellectual property, or commercially sensitive business information. It complements the confidentiality provisions under Section 42A of the Indian Arbitration and Conciliation Act, 1996, by providing detailed mechanisms for information protection, permitted disclosures, and consequences of breaches. The document is designed to bind not only the primary parties but also all participants in the arbitration process, including arbitrators, experts, and support staff, ensuring comprehensive protection of confidential information throughout the arbitration proceedings.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including their legal names, addresses, and registration details

2. Background: Sets out the context of the arbitration proceedings and the need for confidentiality

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

4. Scope of Confidentiality: Defines what information is covered by the confidentiality obligations and the extent of protection

5. Confidentiality Obligations: Details the specific obligations regarding maintaining confidentiality, including storage, handling, and transmission of confidential information

6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed, including to legal advisors, experts, and tribunals

7. Security Measures: Outlines the security protocols and measures required to protect confidential information

8. Duration of Obligations: Specifies how long the confidentiality obligations remain in force

9. Return or Destruction of Information: Procedures 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: Specifies Indian law as governing law and jurisdiction for disputes under this agreement

Optional Sections

1. Third Party Disclosure: Additional provisions for cases where third parties (like expert witnesses or funders) need access to confidential information

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

3. Public Domain Exception: Detailed provisions about information that becomes public through no fault of the parties

4. Emergency Relief: Provisions for seeking urgent relief in case of threatened confidentiality breaches

5. Costs and Indemnification: Provisions for costs related to maintaining confidentiality and indemnification for breaches

6. Severability: Provisions ensuring the rest of the agreement remains valid if parts are found unenforceable

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list and categories of information deemed confidential in the arbitration

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

3. Schedule 3 - Security Protocols: Detailed technical and organizational measures for protecting confidential information

4. Appendix A - Form of Confidentiality Undertaking: Template undertaking to be signed by any individual given access to confidential information

5. Appendix B - Data Handling Procedures: Specific procedures for handling, storing, and transmitting 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Technology and Software

Manufacturing

Pharmaceuticals

Financial Services

Energy and Resources

Telecommunications

Healthcare

Construction and Infrastructure

Professional Services

Media and Entertainment

Research and Development

Defense and Aerospace

Relevant Teams

Legal

Compliance

Risk Management

Information Security

Corporate Secretariat

Executive Leadership

Intellectual Property

Data Protection

Regulatory Affairs

Dispute Resolution

Relevant Roles

General Counsel

Legal Director

Compliance Officer

Chief Legal Officer

Arbitration Counsel

Legal Manager

Dispute Resolution Specialist

Corporate Secretary

Chief Executive Officer

Risk Manager

Intellectual Property Manager

Contract Manager

Privacy Officer

Information Security Officer

Industries
The Arbitration and Conciliation Act, 1996: The primary legislation governing arbitration proceedings in India, including provisions about confidentiality under Section 42A which mandates that all arbitration proceedings must maintain confidentiality except for the award
The Indian Contract Act, 1872: Governs the fundamental principles of contract formation and enforcement in India, including the validity of confidentiality obligations and remedies for breach
The Information Technology Act, 2000: Relevant for protection of electronic data and information, including penalties for breach of confidentiality and privacy
Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011: Provides guidelines for handling sensitive personal information and data protection requirements
The Indian Evidence Act, 1872: Relevant for provisions regarding privileged communications and admissibility of evidence in case of disputes regarding confidentiality breaches
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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