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An Arbitration Confidentiality Agreement is essential when parties engage in arbitration proceedings in Malaysia and need to ensure the protection of sensitive business, technical, or commercial information. This document is typically used at the commencement of arbitration proceedings or when confidential information needs to be exchanged between parties. It outlines the scope of confidential information, permitted uses, security measures, and consequences of breach. The agreement is structured in accordance with Malaysian law, particularly the Arbitration Act 2005, and incorporates best practices from international arbitration. It's particularly crucial when the arbitration involves trade secrets, proprietary information, or commercially sensitive data that requires protection beyond the standard confidentiality provisions in arbitration rules.

1. Parties: Identification of all parties entering into the agreement, including their full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, reference to the underlying arbitration, and purpose of the confidentiality agreement

3. Definitions: Definitions of key terms including 'Confidential Information', 'Arbitration Proceedings', 'Permitted Purpose', and 'Authorized Representatives'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the arbitration

5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and business necessities

7. Security Measures: Required measures for protecting and securing confidential information

8. Duration of Obligations: Time period for which confidentiality obligations remain in effect

9. Return or Destruction of Information: Requirements for handling confidential information after the arbitration concludes

10. Breach and Remedies: Consequences of breaching the agreement and available remedies

11. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

12. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments