Confidentiality of proceedings

Proceedings before an arbitration court are closed. That is the rule, which emanated by the introduction of the provision “Proceedings before the National Court of Arbitration are open only to the parties to the proceedings” in § 7 (1) of the Rules of the National Court of Arbitration. Confidentiality is considered a characteristic feature of arbitration. However, in proceedings before a common court, the openness of proceedings is considered a common rule, understood, inter alia, as:

 1. Openness of court hearings;
 2. Public announcement of judgments;
 3. Possibility to review case files;

The principle of confidentiality of arbitration proceedings before the National Court of Arbitration is manifested by:

 1. Exclusion of openness of court hearings;
 2. Notification of judgments to parties only, without public announcement (judgments may be published only if the parties do not object)
 3. The fact that only the parties, their legal representatives and procedural representatives and the bodies authorised pursuant to Article 1204 of the Code of Civil Procedure have access to case files;

For example, in commercial cases, the parties are assured of the confidentiality of the proceedings and of the certainty that the circumstances constituting business secrets will not be disclosed to third parties. Persons who are not parties to the proceedings may participate in court sessions only with the consent of the parties and arbitrators.