The Arbitration Confidentiality Agreement is a crucial document used when parties engage in arbitration proceedings in Indonesia and need to ensure the confidentiality of sensitive information exchanged during the process. It is governed by Indonesian law, particularly Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, and incorporates relevant provisions from the Indonesian Civil Code and Law No. 30 of 2000 on Trade Secrets. This agreement is essential when parties need to protect business secrets, financial data, proprietary information, and other sensitive details that may be disclosed during arbitration. It establishes clear protocols for handling confidential information, defines authorized recipients, and sets out consequences for breach, while ensuring compliance with Indonesian legal requirements and international arbitration standards where applicable.
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1. Parties: Identification of all parties to the agreement, including their legal status and registered addresses
2. Background: Context of the agreement, reference to the underlying dispute or arbitration proceeding, and purpose of the confidentiality agreement
3. Definitions: Definitions of key terms including 'Confidential Information', 'Arbitration Proceeding', 'Authorized Representatives', and 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in relation to the arbitration
5. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and use of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to legal advisors, experts, and the arbitral tribunal
7. Security Measures: Required measures for protecting and securing confidential information
8. Duration of Obligations: Period for which confidentiality obligations remain in force
9. Return or Destruction of Information: Requirements for handling confidential information after the arbitration concludes
10. Breach and Remedies: Consequences of breach and available remedies under Indonesian law
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for enforcement
1. International Arbitration Provisions: Additional provisions specific to international arbitration proceedings, used when the arbitration involves international parties
2. Third Party Disclosure: Specific provisions for handling disclosure to third parties such as witnesses or experts, included when third-party involvement is anticipated
3. Data Protection Compliance: Specific provisions relating to personal data protection, included when confidential information includes personal data
4. Publicity and Media Communications: Guidelines for handling media inquiries and public communications, included for high-profile cases
5. Translation Requirements: Provisions for handling translations of confidential documents, included for international arbitrations
6. Costs and Expenses: Allocation of costs related to maintaining confidentiality measures, included when significant costs are anticipated
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to access confidential information with their roles and contact details
3. Schedule 3 - Security Protocols: Detailed security procedures and requirements for handling confidential information
4. Schedule 4 - Form of Confidentiality Undertaking: Template confidentiality undertaking for third parties who need access to confidential information
5. Schedule 5 - Notice Details: Contact details and procedures for serving notices under the agreement
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Manufacturing
Technology
Energy and Resources
Construction
Healthcare
Telecommunications
Real Estate
International Trade
Professional Services
Infrastructure
Maritime and Shipping
Consumer Goods
Agriculture
Entertainment and Media
Relevant Teams
Legal
Compliance
Risk Management
Corporate Secretariat
Information Security
Records Management
Executive Leadership
Corporate Governance
Regulatory Affairs
Business Development
Relevant Roles
Legal Counsel
General Counsel
Compliance Officer
Risk Manager
Corporate Secretary
Chief Legal Officer
Dispute Resolution Manager
Legal Operations Manager
Contract Manager
Chief Executive Officer
Chief Financial Officer
Business Development Director
Information Security Officer
Records Manager
Privacy Officer
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