Confidencialidad de los MASC, derecho a la prueba y proceso civil: apuntes para una pacífica coexistencia: Artículo ganador “II Premi Elías Campo Villegas” – Categoría doctrinal

Abstract

Confidentiality is of the utmost importance for the well-functioning of ADR methods, so it is necessary that all the information that falls within its protection remains effectively undisclosed. However, at the same time, we must bear in mind that ADR do not exclude the jurisdiction, but they only try to avoid it. As a result of that, it is noticed a potential conflict of interests that, in the framework of a civil procedure or an arbitration, might be produced between confidentiality and the right to evidence. In that context, the present paper analyses and pretends to answer some of the questions that said conflict of interests poses. In this way, first of all, it is attempted to delimit the object and the scope of the principle of confidentiality. Further on, some of the problematic questions that the submitting of evidence in breach of due confidentiality are examined, with especial regard in its inadmissibility.