Proceedings Confidential Clause Samples
The "Proceedings Confidential" clause is designed to ensure that all information, documents, and communications related to legal or arbitration proceedings between the parties remain confidential. In practice, this means that neither party may disclose details of the proceedings, such as filings, evidence, or settlement discussions, to third parties without prior consent or unless required by law. This clause serves to protect sensitive information, maintain privacy, and prevent reputational harm or strategic disadvantage that could arise from public disclosure of the proceedings.
Proceedings Confidential. The parties and their representatives, the Mediator and Arbitrator, and each other person who participates in the MEDIATION or ARBITRATION in any capacity, shall hold the existence, content, and result of the MEDIATION and/or ARBITRATION in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on the decision or award entered by the Arbitrator. The foregoing notwithstanding, this Agreement shall not prevent any party from seeking and obtaining orders enforcing discovery ordered by the Arbitrator, or temporary equitable remedies, including temporary restraining orders and preliminary injunctions, from a court with competent jurisdiction, and any such request to a court for such orders or interim equitable relief shall not be deemed a waiver of the obligation to Arbitrate.
Proceedings Confidential. The parties agree that any arbitration carried out hereunder shall be kept private and confidential, and that the existence of the proceedings and any element of it shall be kept confidential, except (a) where disclosure is lawfully required by a legal duty, and (b) where such information is already in the public domain other than as a result of a breach of this clause.
Proceedings Confidential. All dispute resolution proceedings (including all related information, communications, documents, materials and evidence) shall be strictly confidential and each Party shall have a fiduciary obligation to the other Party to protect, preserve and maintain the integrity of such confidentiality, in each case, except as may lawfully be required in judicial proceedings or as may be required by Applicable Law.
Proceedings Confidential. The Parties agree that any arbitration carried out hereunder shall be kept private and confidential, and that the existence of the proceedings and any element of it (including all awards, the identity of the Parties and all witnesses and experts, all materials created for the purposes of the arbitration, all testimony or other oral submissions, and all documents produced by a Party that were not already in the possession of the other Party) shall be kept confidential, except (a) with the consent of the Parties, (b) to the extent disclosure may be lawfully required in bona fide judicial proceedings relating to the arbitration, (c) where disclosure is lawfully required by a legal duty, and (d) where such information is already in the public domain other than as a result of a breach of this clause. The Parties also agree not to use any information disclosed to them during the arbitration for any purpose other than in connection with the arbitration.
Proceedings Confidential. Except to the extent necessary to enforce any arbitral award, to enforce other rights of the Parties, or as required by Applicable Law or the applicable rules of any stock exchange, each Party shall ensure that it and its Affiliates, and all of their respective Representatives and expert witnesses, shall maintain as confidential the existence of the arbitration proceedings, the arbitral award, all filings and submissions exchanged or produced during the arbitration proceedings and briefs, memorials, witness statements or other documents prepared in connection with such arbitration; provided, however, that a Party may disclose such information to its Affiliates and all of its and its Affiliates’ respective Representatives and expert witnesses; it being understood that such Affiliates and Representatives will be informed of the confidential nature of the existence of any such arbitration proceedings, arbitral award, filings and submissions, briefs, memorials, witness statements and other documents and will be directed to treat the foregoing as confidential in accordance with the terms of this Agreement and each Party will be responsible for the compliance by its Affiliates and its and their respective Representatives and expert witnesses with this Section 11.11(e). This Section 11.11(e) shall survive the termination of the arbitral proceedings.
Proceedings Confidential. Subject to obligations imposed on the Parties under applicable securities laws, all dispute resolution and arbitration proceedings (including all related information, communications, documents, materials, and evidence) shall be strictly confidential, and each Party shall have a fiduciary obligation to the other Parties to protect, preserve and maintain the integrity of such confidentiality.
Proceedings Confidential. The arbitration proceedings shall be kept confidential, private, and under seal. To that end, the parties and the arbitrator shall not disclose the existence, content, or results of any proceedings conducted, and materials submitted in connection with such proceedings shall be kept confidential and shall not be admissible in any other proceeding, except in a proceeding to enforce the award by obtaining judgment.
Proceedings Confidential. Except to the extent necessary to enforce any arbitral award, to enforce other rights of the Parties, or as required by applicable law or the applicable rules of any stock exchange, each Party shall ensure that it and its affiliates, and all of their respective representatives and expert witnesses, shall maintain as confidential the existence of the arbitration proceedings, the arbitral award, all filings and submissions exchanged or produced during the arbitration proceedings and briefs, memoranda, witness statements or other documents prepared in connection with such arbitration; provided, however, that a Party may disclose such information to its affiliates and all of its and its affiliates’ respective directors, officers, managers, employees, professional advisors and expert witnesses; provided further that the Transtar Parties may also disclose such information to FIG LLC and its affiliates and all of its and their respective directors, officers, managers, employees, professional advisors and expert witnesses. Each Party shall, prior to disclosing such information to any person permitted by this Section 10.5, inform such person of the confidential nature of the existence of any such arbitration proceedings, arbitral award, filings and submissions, briefs, memoranda, witness statements and other documents and will direct such person to treat the foregoing as confidential in accordance with the terms of this Agreement and each Party will be responsible for the compliance by its affiliates and all of its and its affiliates’ respective directors, officers, managers, employees, professional advisors and expert witnesses with this Section 10.5. This Section 10.5 shall survive the termination of the arbitral proceedings.
Proceedings Confidential. Except to the extent necessary to enforce any arbitral award, to enforce other rights of the parties, or as required by applicable Law or the applicable rules of any stock exchange, each party shall ensure that it and its Representatives and expert witnesses, shall maintain as confidential the existence of the arbitration proceedings, the arbitral award, all filings and submissions exchanged or produced during the arbitration proceedings and briefs, memorials, witness statements or other documents prepared in connection with such arbitration; provided, however, that a party may disclose such information to its Representatives and expert witnesses; it being understood that such Representatives will be informed of the confidential nature of the existence of any such arbitration proceedings, arbitral award, filings and submissions, briefs, memorials, witness statements and other documents and will be directed to treat the foregoing as confidential in accordance with the terms of this Agreement and each party will be responsible for the compliance by its Representatives and expert witnesses with this Section 13.8(f). This Section 13.8 shall survive the termination of the arbitral proceedings.