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Practice Direction No. 2 of 2013 Confidentiality of Arbitral Proceedings

Practice Direction No. 2 of 2013 Confidentiality of Arbitral Proceedings

March 25, 2013

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IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

PRACTICE DIRECTION NO.2 OF 2013

Confidentiality of Arbitral Proceedings

Citation

This Practice Direction will come into effect on the date of signature. It may be cited as Practice Direction 2 of 2013 – Confidentiality of Arbitral Proceedings – and may be abbreviated to PD 2/2013.

1. Proceedings to be heard otherwise than in open court
(1) Subject to subsection (2), arbitral proceedings under the DIFC Arbitration Law 2008 in the DIFC Courts are to be heard otherwise than in open court.

(2) The court may order those proceedings to be heard in open court –

(a) on the application of any party; or
(b) if, in any particular case, the court is satisfied that those proceedings ought to be heard in open court.
(3) An order of the court under subsection (2) is not subject to appeal.
2. Restrictions on reporting of proceedings heard otherwise than in open court
(1) This section applies to arbitral proceedings under the DIFC Arbitration Law 2008 in the DIFC Courts heard otherwise than in open court (“closed court proceedings”).
(2) The court in which closed court proceedings are being heard must, on the application of any party, make a direction as to what information, if any, relating to the proceedings may be published.

(3) The court must not make a direction permitting information to be published unless-

(a) all parties agree that the information may be published; or
(b) the court is satisfied that the information, if published, would not reveal any matter (including the identity of any party) that any party reasonably wishes to remain confidential.

(4) Despite subsection (3), if-

(a) the court gives a judgment in respect of closed court proceedings; and
(b) the court considers that judgment to be of major legal interest, the court must direct that reports of the judgment may be published in law reports and professional publications.

(5) If the court directs under subsection (4) that reports of a judgment may be published, but any party reasonably wishes to conceal any matter in those reports (including the fact that the party was such a party), the court must, on the application of the party-

(a) make a direction as to the action to be taken to conceal that matter in those reports; and
(b) if the court considers that a report published in accordance with the direction made under paragraph (a) would stili be likely to reveal that matter, direct that the report may not be published until after the end of a period, not exceeding 10 years, that the court may direct.
(6) A direction of the court under this section is not subject to appeal.

Dated this 25th day of March 2013

Chief Justice Michael Hwang

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