Confidentiality in ADR Proceedings: Pakistani Law and International Standards

Abstract

One of the most unique and valuable aspects of ADR is the concept of confidentiality, whichallowsparties to be more open and honest, and offers creative options in settling the case that they wouldnot
be willing to risk in the public forum of litigation. However, confidentiality is not a "no go" principlein ADR, but it must be weighed against other public interests in transparency and in enforcement oflegal rights and in the prevention of abuse. It examines the theoretical underpinning for the principleof confidentiality in ADR, the statutory and common law structures of confidentiality in the UnitedKingdom, Australia, Singapore and the United States and the principle of confidentiality in Pakistan'sADR Act, 2017 and the Punjab ADR Act, 2019; pinpoints three key gaps in the current positioninPakistan; and recommends the provision of a comprehensive statutory confidentiality regimeappropriate for the Pakistani context and legal traditions