Specific examples include whether each participant`s email account provides adequate security; need certification documents and documents that need to be received electronically. If documents are to be provided electronically, are flash drives used and, if so, encrypted with a password? Do the parties want to use some form of encrypted mail transmission or prefer a secure file used by an arbitration provider? AAA services include: AAA Arbitration, AAA Education Services, AAA Election Services, AAA Independent Fact-Finding, AAA Med-Arb, AAA Mediation, AAA Negotiation and Meeting Facilitation, AAA Partnering, AAA Publications. As the leading supplier of ADR, AAA has a network of branches in the United States and offices in Singapore, Mexico City and Manama, Bahrain. Each year, aaa handles approximately 150,000 cases. The AAA has more than 65 cooperation agreements with more than 45 nations and a panel of about 7,500 arbitrators and mediators. There are currently more than 550 AAA agents and hundreds of former AAA officers, many of whom have remained in the field of ADR. In addition to a board of more than 90 members, the AAA regularly interacts with hundreds of national and regional advisory committees and task forces. The first of these reasons is that nothing in the rules of the American Arbitration Association (which governs most arbitration disputes) absolutely requires confidentiality. For example, the AAA rules for large and complex cases only state that the arbitrator must “preserve the privacy of hearings unless the law provides otherwise.” See AAA Commercial Arbitration Rules and Mediation Procedures R-25. The key word here is the privacy of “hearings,” which restricts the scope of the rule. Of course, in an arbitration that has privacy effects, there is much more going on than just hearings.
While the rule implies that an arbitrator should normally limit to the essential parties and witnesses the persons participating in the last hearing, there is nothing in the rules that requires that briefs, assertions or results be kept confidential. And there are no delay rules preventing those present during an arbitration proceeding from disclosing what happened during the proceedings in a public forum. In this context, privacy and confidentiality issues arise. In addition to the issues already raised, the parties, their counsel and the arbitrator must pay attention to a variety of issues: this is only a sample of privacy concerns that may arise in the age of technology. There is no doubt that new problems will arise, as the use of technology in arbitration procedures is becoming more and more frequent. Confidentiality is something else entirely. Contrary to some people`s understanding, arbitration is not by nature a confidential process.