Confidentiality in e-Arbitration: A Comparative Analysis of Malaysia, China and the United Kingdom

The widespread of COVID-19 pandemic has entailed a new normal in global dispute resolution including arbitration. In enhancing the access to justice, several established arbitration centres have implemented electronic arbitration or e-arbitration in their regions. Compared to traditional arbitration proceedings, e-arbitration is conducted in an online environment with the assistance of advanced technology. Nevertheless, the use of technology has brought with it the issue of confidentiality. The Arbitration Act 2005 is the current law governing arbitration in Malaysia. By adopting qualitative research methodology, this article seeks to examine whether the existing Malaysian legal framework sufficiently provides for online arbitration and whether such legal framework is adequate to govern the issue of confidentiality. For comparative analysis, this article further scrutinised the position in other jurisdictions, particularly China and the United Kingdom. The collected data will then be critically analysed using the content analysis method. Subsequently, this article provides recommendations for Malaysia to administer e-arbitration on a full-fledged basis with the issue of confidentiality not being compromised.