The Arbitration Confidentiality Agreement is essential when parties engage in arbitration proceedings in the Philippines and need to ensure the confidentiality of sensitive information exchanged during the process. This document becomes particularly crucial as arbitration often involves disclosure of commercial secrets, proprietary information, and sensitive business data. The agreement complies with Philippine legislation, including the Alternative Dispute Resolution Act of 2004 and the Data Privacy Act, while also considering international arbitration practices. It should be implemented at the outset of arbitration proceedings and typically remains in effect even after the arbitration concludes. The document addresses various aspects of confidentiality, from defining protected information to establishing security protocols and handling procedures.
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1. Parties: Identification of all parties to the agreement, including their legal names, addresses, and registration details
2. Background: Context of the agreement, reference to the underlying arbitration proceedings, and purpose of the confidentiality agreement
3. Definitions: Detailed 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 under the agreement
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 to legal advisors, experts, and as required by law
7. Security Measures: Required measures to protect and secure confidential information
8. Duration of Obligations: Time period for which confidentiality obligations remain in effect
9. Return or Destruction of Confidential 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 Philippine law as governing law and jurisdiction for disputes
12. General Provisions: Standard contract clauses including severability, amendments, and entire agreement
1. Third Party Rights: Section addressing rights of third parties affected by the agreement, used when third parties may have access to confidential information
2. Data Privacy Compliance: Specific provisions addressing compliance with the Philippine Data Privacy Act, used when personal data is involved
3. Electronic Storage and Transmission: Specific requirements for electronic handling of confidential information, used when digital storage/transmission is significant
4. Public Announcements: Provisions regarding public statements about the arbitration, used in high-profile cases
5. Costs and Expenses: Allocation of costs related to confidentiality measures, used when significant costs are anticipated
6. Insurance Requirements: Obligations to maintain specific insurance coverage, used in high-value cases
1. Schedule 1 - Authorized Representatives: List of individuals authorized to access confidential information
2. Schedule 2 - Security Protocols: Detailed security measures and procedures for handling confidential information
3. Schedule 3 - Form of Confidentiality Undertaking: Template undertaking to be signed by individuals given access to confidential information
4. Schedule 4 - Document Categories: Categorization of different types of confidential information and their handling requirements
5. Appendix A - Notice Details: Contact information and procedures for serving notices under the agreement
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