Arbitration - a private process. Or is it?

When deciding whether to agree to an arbitration clause in an agreement consider these action points.

Don't be too cautious or concerned about agreeing to submit disputes to English arbitrations.  The vast majority of arbitrations will be conducted in and maintain total confidentiality and privacy.  The exceptions are limited, justified, and are in place to ensure justice is served.

Check the institutional rules for your particular choice of arbitration if confidentiality is the overriding reason for arbitrating rather than litigating.  Make sure the provisions are robust enough on this point and if not, or if an ad hoc arbitration agreement is agreed, make appropriate provision in the agreement itself.

Should any dispute as to disclosure of confidential information arise, address those issues to the arbitrator, not the court, to maintain the confidentiality of the process and to avoid decision being published and the lid of confidentiality being lifted, albeit not wholly.

Be aware of the implications of the exceptions to confidentiality particularly when pursuing or defending litigation and arbitration in different jurisdictions when the claims are in any sense connected.