Confidentiality in Turkish Arbitration Proceedings: Legal Framework, Limits and Practical Protection

Introduction

Confidentiality is frequently presented as one of the principal advantages of arbitration. Businesses may prefer arbitration because commercial disputes often involve sensitive contracts, pricing formulas, financial records, technical designs, trade secrets, customer information, internal correspondence and allegations that may affect corporate reputation.

However, the statement that arbitration is confidential must be approached carefully. Privacy and confidentiality are not the same concept, and an agreement to arbitrate does not necessarily create an unlimited statutory duty preventing every participant from disclosing every aspect of the proceedings.

Under Turkish law, confidentiality in arbitration may arise from several different legal sources. These include the arbitration agreement, the rules of the selected institution, procedural orders issued by the arbitral tribunal, professional secrecy obligations, personal data protection legislation and contractual or statutory rules protecting trade secrets.

The Turkish International Arbitration Law No. 4686 and the domestic arbitration provisions of the Turkish Code of Civil Procedure No. 6100 regulate the conduct of arbitral proceedings, party autonomy, equality, evidence, awards and judicial supervision. Nevertheless, neither statute contains a comprehensive provision automatically imposing the same general confidentiality obligation on all parties, witnesses, experts, employees and third-party participants in every arbitration. This means that confidentiality should not be left to assumption. It should be addressed expressly in the arbitration clause, procedural timetable or a separate confidentiality agreement.

Institutional arbitration may provide additional protection. The Istanbul Arbitration Centre’s internal rules expressly protect the confidentiality of Board sessions, documents submitted to the Board and information received by the Secretariat. ISTAC’s online-hearing procedures also require measures to protect hearing confidentiality and prohibit unauthorised attendance and recording.

This comprehensive guide examines confidentiality in Turkish arbitration proceedings, including the legal sources of confidentiality, the difference between privacy and secrecy, the position under ISTAC Rules, protection of evidence and trade secrets, personal data obligations, court proceedings, publication of arbitral awards and practical drafting recommendations.

Why Confidentiality Matters in Commercial Arbitration

Commercial disputes may require the disclosure of information that a company would not ordinarily make available to competitors, customers, employees or the wider public.

Confidential information in arbitration may include:

• Commercial contracts and amendments;
• Pricing and discount arrangements;
• Profit margins and cost structures;
• Customer and supplier information;
• Trade secrets and production methods;
• Technical drawings and source code;
• Research and development documents;
• Financing arrangements;
• Business plans and investment strategies;
• Shareholder communications;
• Internal investigations;
• Personal data;
• Expert reports;
• Settlement proposals.

In a construction arbitration, the parties may disclose project programmes, design documents, tender prices and subcontractor arrangements. An energy arbitration may involve pricing formulas, production data and regulatory correspondence. A shareholder dispute may expose internal financial statements, management disagreements and valuation models.

Disclosure outside the proceedings may cause commercial harm even where the disclosing party ultimately succeeds in the arbitration. A company may therefore require protection not only against publication of the final award but throughout document production, witness examination and expert analysis.

Confidentiality also supports procedural efficiency. Parties may be more willing to produce sensitive evidence when they know that access will be restricted to persons genuinely involved in the dispute.

Privacy and Confidentiality Are Not the Same

The terms privacy and confidentiality are often used interchangeably, but they describe different legal protections.

Privacy of the proceedings

Privacy generally means that the hearing is not open to the public. Persons who are not parties, representatives, arbitrators, witnesses, experts or authorised participants cannot ordinarily attend without permission.

Private hearings protect the proceedings from public observation. ISTAC’s Online Hearing Rules provide that only persons notified to and permitted by the tribunal may participate in an online hearing.

Confidentiality of information

Confidentiality means that a person who lawfully obtained information through the arbitration is restricted from disclosing or using it outside the proceedings.

A hearing may therefore be private without every participant necessarily being subject to an identical confidentiality duty. For example, a party representative may attend a private hearing but later disclose information unless prohibited by:

• The contract;
• Institutional rules;
• A tribunal order;
• Professional secrecy;
• Data protection law;
• Trade secret law;
• Another applicable legal obligation.

Parties should therefore not rely solely on the private nature of arbitration. A specific confidentiality framework may still be necessary.

Turkish Legal Framework Governing Arbitration Confidentiality

The relevant legal framework may include:

• Turkish International Arbitration Law No. 4686;
• Turkish Code of Civil Procedure No. 6100;
• Istanbul Arbitration Centre Rules;
• The parties’ arbitration and confidentiality agreements;
• Turkish Code of Obligations;
• Turkish Commercial Code;
• Personal Data Protection Law No. 6698;
• Lawyers Act No. 1136;
• Trade secret and unfair competition rules;
• Applicable foreign laws;
• Tribunal-issued procedural orders.

The applicable framework may vary depending on whether the arbitration is domestic or international, whether ISTAC or another institution administers the case and where the parties, witnesses and data systems are located.

Confidentiality under the Turkish International Arbitration Law

The International Arbitration Law principally applies to arbitration containing a statutory foreign element where the legal seat is in Turkey. The law regulates matters such as the arbitration agreement, appointment of arbitrators, jurisdiction, procedure, interim measures and annulment.

Article 8 gives parties substantial freedom to determine the procedural rules, subject to mandatory provisions. The parties may agree directly on the procedure or incorporate national, international or institutional arbitration rules. In the absence of an agreement, the tribunal conducts the proceedings under the International Arbitration Law while respecting equality and each party’s opportunity to present its case.

This party autonomy allows the parties to create a detailed confidentiality regime. They may define:

• Which information is confidential;
• Which persons may access it;
• How documents will be stored;
• Whether awards may be published;
• Which disclosures are permitted;
• What happens after the arbitration ends;
• The consequences of a breach.

The International Arbitration Law does not, however, contain a comprehensive express rule stating that all parties and every participant are automatically prohibited from disclosing the existence, content and outcome of every international arbitration. A confidentiality obligation should therefore be derived from an identifiable legal source rather than presumed solely from the existence of arbitration.

Confidentiality under the Turkish Code of Civil Procedure

Domestic arbitration is governed by Articles 407 to 444 of the Turkish Code of Civil Procedure where the dispute does not contain a foreign element and the seat is in Turkey.

The domestic arbitration provisions recognise party autonomy and permit the parties to determine the procedural rules or refer to institutional arbitration rules. The tribunal may regulate the procedure where the parties have not agreed, subject to equality and the right to be heard.

As with the International Arbitration Law, the domestic arbitration chapter does not establish a universal and detailed statutory confidentiality regime governing all participants in every domestic arbitration.

The distinction is commercially important. Parties selecting ad hoc arbitration without institutional rules should expressly regulate confidentiality. Otherwise, they may later disagree over whether the following can be disclosed:

• The existence of the arbitration;
• Pleadings;
• Documents produced by the opposing party;
• Hearing transcripts;
• Expert reports;
• Procedural orders;
• The final award.

Confidentiality under ISTAC Arbitration

Institutional arbitration can provide confidentiality protection in addition to the parties’ own agreement.

The ISTAC Rules on the Structure and Functional Procedures of the Board of Arbitration and Secretariat provide that Board sessions are confidential. Only Board members may ordinarily attend. Any authorised third-party participant must respect the confidentiality of the session. Documents submitted to the Board are confidential, and Board decisions, documents and communications are transmitted only to the persons concerned.

The same institutional rules require the Secretary General, Deputy Secretary General and ISTAC personnel to protect statements, documents, pleadings, communications, secrets and information learned in the performance of their duties.

These rules provide an important institutional layer of confidentiality concerning:

• Documents filed with ISTAC;
• Communications with the Secretariat;
• Board deliberations;
• Institutional decisions;
• Information accessed by ISTAC personnel.

However, institutional confidentiality should not automatically be interpreted as a complete substitute for a party-to-party confidentiality agreement. Businesses should still determine whether the parties, witnesses, experts, insurers, funders and internal employees are subject to appropriate restrictions.

Confidentiality of Hearings

Arbitration hearings are generally conducted privately. The tribunal controls attendance and may exclude persons who are not authorised participants.

ISTAC’s Online Hearing Rules expressly require the tribunal, after consulting the parties, to determine the technical and procedural measures necessary to ensure the confidentiality and security of the hearing. Access links, passwords, software and other participation arrangements must be managed accordingly.

The Rules also provide that no third party may attend unless previously notified and permitted. Participants cannot make audio or visual recordings without the tribunal’s approval. The tribunal itself may decide to record the hearing after informing the parties and may arrange transcription at the parties’ expense.

For online hearings, practical protections may include:

• Password-protected access;
• Individual participant links;
• Waiting-room controls;
• Identity verification;
• Prohibition of screen recording;
• Confirmation that no unauthorised person is present;
• Secure document-sharing platforms;
• Encryption;
• Controlled hearing recordings;
• Restrictions on downloading files;
• Cybersecurity protocols.

Each participant should attend from a private and secure location. A witness joining from an open office, public area or shared meeting room may undermine confidentiality even if the video-conference platform is secure.

Who Should Be Bound by Confidentiality?

A properly designed confidentiality regime should identify every category of person likely to access the case.

Parties

The principal duty usually applies to the claimant, respondent and any joined or consolidated parties.

Corporate parties should ensure that the obligation also reaches:

• Directors;
• Officers;
• Employees;
• In-house counsel;
• Parent companies;
• Subsidiaries;
• Affiliates;
• Consultants.

A corporate party may need to share information internally to prepare its case. The agreement should permit necessary internal disclosure while requiring recipients to preserve confidentiality.

Arbitrators

Arbitrators have access to the entire evidentiary record and the parties’ most sensitive information.

The tribunal’s procedural orders, institutional obligations and the nature of the arbitrator’s mandate may impose confidentiality duties. Parties may reinforce those duties by expressly requiring arbitrators to protect documents, deliberations and awards.

Tribunal deliberations should receive particularly strong protection. Confidential deliberation enables arbitrators to exchange views and reach decisions independently.

Legal Counsel

Turkish lawyers are subject to statutory professional secrecy. Article 36 of the Lawyers Act No. 1136 prohibits lawyers from disclosing matters entrusted to them or learned through their professional duties. A lawyer may testify concerning such matters only with the client’s consent and may still decline to testify even where consent is given.

Professional secrecy protects the lawyer-client relationship, but it does not automatically bind every other participant. Foreign counsel may also be subject to the professional rules of their own jurisdictions.

Experts

Technical, delay, financial, valuation and legal experts frequently receive commercially sensitive documents.

Expert engagement letters should include express provisions covering:

• Confidentiality;
• Data security;
• Permitted use;
• Subcontractors;
• Retention and destruction;
• Conflicts of interest;
• Return of documents;
• Breach notification.

An expert should not reuse confidential project data in unrelated proceedings, publications, presentations or training materials without lawful authority.

Witnesses

Witnesses may learn confidential information before, during or after their testimony.

Parties may request confidentiality undertakings from witnesses. The tribunal may also instruct witnesses not to disclose protected material.

Special care is required where the witness:

• Is a former employee;
• Works for a competitor;
• Is employed by a subcontractor;
• Has access to personal data;
• Is subject to another confidentiality agreement.

The confidentiality order should not prevent a witness from complying with mandatory legal obligations or giving truthful evidence.

Translators, Interpreters and Service Providers

Translators, interpreters, transcribers, hearing technicians, electronic-discovery providers and document-hosting companies may access extensive case information.

Their contracts should impose confidentiality and information-security duties. Parties should also verify where digital service providers store data and whether cross-border transfers are involved.

Insurers, Auditors and Litigation Funders

A party may need to disclose arbitration information to:

• Liability insurers;
• Credit insurers;
• External auditors;
• Banks;
• Investment committees;
• Third-party funders;
• Potential assignees.

A confidentiality clause should identify whether these disclosures are permitted and under what conditions. The recipient should generally be subject to confidentiality duties at least equivalent to those binding the disclosing party.

What Information Should Be Protected?

The parties should define the protected material clearly.

A comprehensive definition may cover:

• The existence of the arbitration;
• Identity of the parties and arbitrators;
• Requests for arbitration;
• Pleadings and submissions;
• Witness statements;
• Expert reports;
• Documents produced voluntarily or by order;
• Hearing transcripts;
• Audio and video recordings;
• Procedural orders;
• Settlement negotiations;
• Interim decisions;
• The final award;
• Institutional correspondence;
• Tribunal deliberations;
• Information derived from confidential material.

The definition should distinguish arbitration-created information from documents that were already lawfully available.

A document should not necessarily become confidential merely because it was used in arbitration where it:

• Was already public;
• Was lawfully possessed independently;
• Was received from a third party without restriction;
• Must be disclosed under mandatory law;
• Was independently developed.

Confidentiality and Document Production

Document production is a particularly sensitive stage.

A party may be ordered to disclose documents containing:

• Trade secrets;
• Customer data;
• Employee information;
• Source code;
• Pricing formulas;
• Internal legal assessments;
• Sensitive technical information.

The tribunal should balance confidentiality against the opposing party’s right to present its case.

Possible protective measures include:

• Redaction of irrelevant personal information;
• Limited disclosure to external counsel;
• “Attorneys’ eyes only” designations;
• Restricted expert access;
• Secure virtual data rooms;
• Prohibition on downloading;
• Document numbering and watermarking;
• Controlled printing;
• Return or destruction after proceedings;
• Confidential annexes;
• Separate treatment of highly sensitive material.

A party should not use confidentiality as a general excuse to withhold relevant evidence. Protection should be proportionate and targeted.

Trade Secrets in Arbitration

Trade secrets may include technical, commercial or operational information that derives value from not being generally known.

Arbitration may be preferable to court litigation where a dispute concerns:

• Manufacturing processes;
• Algorithms;
• Source code;
• Product design;
• Pricing methods;
• Customer lists;
• Market strategies;
• Research data.

Nevertheless, trade secret status should not be assumed. The party requesting protection should identify:

• The specific information;
• Why it is confidential;
• The measures previously taken to protect it;
• The harm likely to result from disclosure;
• The persons who genuinely need access.

The tribunal may permit disclosure only to counsel and an independent expert where unrestricted disclosure to commercial personnel would create competitive harm.

Personal Data Protection in Turkish Arbitration

Arbitration records frequently contain personal data relating to employees, directors, witnesses, customers and third parties.

Personal Data Protection Law No. 6698 applies to natural and legal persons processing personal data through automated systems or structured filing systems. It defines processing broadly to include collection, recording, storage, disclosure, transfer and making data available.

Personal data must be processed lawfully and fairly, for specified and legitimate purposes, in a manner that is relevant, limited and proportionate. It should not be retained longer than required by law or the processing purpose. Processing may be lawful where necessary for the establishment, exercise or protection of a legal right.

Arbitration participants should therefore consider:

• Whether the data are necessary;
• Whether irrelevant data can be redacted;
• Who acts as data controller or processor;
• How data subjects are informed;
• How long documents will be retained;
• Which security measures are used;
• Whether special-category data are involved;
• Whether data will be transferred abroad.

Data controllers must take technical and organisational measures to prevent unlawful processing, unlawful access and loss of data. Controllers and processors must not disclose or use personal data contrary to the law, and that obligation continues after their duties end.

International arbitration may involve cross-border data transfers to foreign counsel, arbitrators, experts, institutions and technology providers. Such transfers must comply with Article 9 of Law No. 6698 and the applicable Turkish rules governing personal data transfers abroad. The current transfer framework includes mechanisms and safeguards regulated by the 2024 By-Law on the Procedures and Principles for the Transfer of Personal Data Abroad.

Cybersecurity and Digital Confidentiality

Modern arbitration is conducted primarily through electronic communications.

Sensitive documents may be stored or transmitted through:

• Email;
• Cloud storage;
• Virtual data rooms;
• Document-review platforms;
• Video-conference software;
• Shared drives;
• Portable devices.

A confidentiality obligation is of limited value if cybersecurity measures are inadequate.

Parties and tribunals should consider:

• Multi-factor authentication;
• Encrypted file transfer;
• Password policies;
• Device encryption;
• Access logs;
• Limited user permissions;
• Secure backups;
• Breach-response procedures;
• Prohibition of personal email accounts;
• Restrictions on removable media;
• Secure deletion after the case.

For online hearings, the tribunal should determine confidentiality and security measures before the hearing. ISTAC’s Online Hearing Rules expressly place this issue within the tribunal’s pre-hearing preparations.

Confidentiality and Court Proceedings

Arbitration may require Turkish court involvement for:

• Interim injunctions;
• Interim attachments;
• Appointment or challenge of arbitrators;
• Collection of evidence;
• Annulment of the award;
• Recognition and enforcement.

Court involvement can reduce practical confidentiality because Turkish civil proceedings are governed by the principle of publicity.

Article 28 of the Turkish Code of Civil Procedure provides that court hearings and announcement of judgments are public. A court may conduct all or part of a hearing privately only where general morality or public security strictly requires it.

Commercial confidentiality alone is not expressly identified in Article 28 as an independent and automatic basis for closing a hearing. A party submitting sensitive arbitration material to court should therefore request targeted protective treatment where legally available rather than assuming the court case will remain confidential.

Court-file access is not entirely unrestricted. Parties and intervening parties may examine the file under court supervision, while another person claiming a relevant interest requires judicial permission. Documents and records ordered to be kept confidential require express judicial permission for examination.

Practical protective measures may include:

• Redacting irrelevant trade secrets;
• Submitting only necessary portions of the award;
• Requesting confidential treatment of specific documents;
• Avoiding unnecessary reproduction of sensitive evidence;
• Filing sealed or restricted annexes where procedurally accepted;
• Explaining the commercial harm likely to result from disclosure.

A confidentiality clause cannot prevent compliance with a lawful court order. It can, however, require the disclosing party to provide notice, limit disclosure to what is legally necessary and seek available protective measures.

Confidentiality of Arbitral Awards

Whether an arbitral award may be published depends on the applicable rules, party agreement and publication method.

An award may contain:

• Party names;
• Contract prices;
• Business strategies;
• Witness allegations;
• Personal data;
• Trade secrets;
• Findings concerning corporate conduct.

Parties may agree that the award will not be published without written consent. Alternatively, they may permit publication in anonymised form.

Publication of anonymised awards can support the development of arbitration practice without revealing confidential identities or sensitive facts. ISTAC maintains an arbitration awards and decisions platform and identifies anonymised arbitral awards among its institutional resources.

Anonymisation should go beyond removing party names. It may also require removing or modifying:

• Project names;
• Specific locations;
• Contract values;
• Personal names;
• Unique technical details;
• Corporate relationships;
• Dates that indirectly reveal identity.

Permitted Exceptions to Confidentiality

An absolute prohibition against all disclosure is usually impractical.

A well-drafted clause should permit disclosure where reasonably necessary:

To conduct the arbitration

Information may be shared with counsel, witnesses, experts, interpreters and service providers.

To protect or enforce legal rights

A party may need to disclose material in annulment, enforcement or interim-measure proceedings.

To comply with law

Disclosure may be required by:

• Courts;
• Regulators;
• Tax authorities;
• Criminal investigators;
• Stock-exchange rules;
• Mandatory reporting laws.

To insurers, auditors and funders

Necessary disclosure may be permitted where the recipient is subject to confidentiality obligations.

With the other party’s consent

The parties may authorise publication or disclosure for a defined purpose.

Where information is already public

The duty may not apply where the information entered the public domain without breach by the disclosing party.

For legitimate academic or professional publication

Publication may be permitted only after effective anonymisation and the required consent.

The clause should require disclosure to be limited to the minimum information legally or commercially necessary.

Breach of Confidentiality

A confidentiality breach may involve:

• Publishing pleadings;
• Sharing documents with a competitor;
• Disclosing an award to the media;
• Allowing unauthorised hearing attendance;
• Recording a hearing without permission;
• Reusing confidential evidence in another dispute;
• Failing to secure personal data.

Potential legal consequences depend on the applicable source of the duty and may include:

• Contractual damages;
• Contractual penalties;
• Interim protective measures;
• Tribunal procedural orders;
• Adverse cost consequences;
• Professional disciplinary consequences;
• Personal data sanctions;
• Claims arising from misuse of trade secrets;
• Termination of access to protected materials.

The claimant must generally establish the existence and scope of the duty, the breach, causation and recoverable loss.

Because commercial loss may be difficult to quantify, the agreement may include a reasonable contractual penalty. The validity and amount of any penalty remain subject to applicable substantive law.

Draft Confidentiality Clause for Turkish Arbitration

A contract may include wording along the following lines:

The existence of any arbitration, all submissions, documents, evidence, witness statements, expert reports, hearing records, procedural orders, decisions and arbitral awards shall be kept confidential by the parties and shall not be disclosed or used for any purpose other than the conduct, protection, challenge, recognition or enforcement of the arbitration and its award.

Disclosure may be made only to the parties’ directors, employees, legal counsel, experts, witnesses, insurers, auditors, financing providers and service providers who reasonably require access and who are subject to confidentiality obligations, or where disclosure is required by applicable law, regulation, court order or competent public authority.

A party required to disclose confidential information shall, to the extent legally permitted, notify the other party in advance, disclose only the minimum information required and seek appropriate protective measures.

The confidentiality obligation shall continue after termination of the contract and completion of the arbitration.

The clause should be adapted to the transaction, applicable law and institutional rules.

Confidentiality Protocol after the Dispute Arises

Even where the original contract contains a general confidentiality clause, the parties may require a detailed procedural protocol after arbitration begins.

The protocol may regulate:

1. Classification of protected information;
2. Persons authorised to access each category;
3. Secure electronic platforms;
4. Redaction requirements;
5. Document marking;
6. Expert and witness undertakings;
7. Hearing attendance;
8. Recording and transcription;
9. Personal data processing;
10. Cross-border transfers;
11. Court disclosures;
12. Publication of the award;
13. Return or destruction of documents;
14. Breach notification;
15. Remedies.

Highly sensitive documents may be placed in a restricted-access category available only to external counsel, the tribunal and designated experts.

Confidentiality and the Right to Be Heard

Confidentiality must not prevent a party from presenting its case effectively.

Both domestic and international Turkish arbitration law require equal treatment and a reasonable opportunity to present claims and defences.

A confidentiality order should not:

• Prevent access to evidence necessary for defence;
• Give one party an unfair informational advantage;
• Prohibit consultation with necessary experts;
• Conceal decisive evidence;
• Prevent a witness from responding properly.

The tribunal should balance secrecy against procedural fairness.

Where a document contains commercially sensitive material, the appropriate solution may be restricted disclosure rather than complete exclusion.

Practical Recommendations for Businesses

Businesses choosing arbitration for confidentiality reasons should take the following steps.

Include an express confidentiality clause

Do not rely only on the assumption that arbitration is confidential.

Select suitable institutional rules

Review which duties apply to the institution, tribunal and parties.

Define confidential information broadly but precisely

Avoid vague provisions that are impossible to administer.

Include permitted disclosures

Allow necessary disclosure to advisers, insurers and authorities under controlled conditions.

Protect personal data

Apply data minimisation, security and lawful transfer procedures.

Use secure technology

Avoid sending highly sensitive evidence through unencrypted or personal email accounts.

Require third-party undertakings

Experts, witnesses, interpreters and service providers should be bound expressly.

Prepare for court proceedings

Draft exceptions for interim relief, annulment and enforcement while requiring minimum disclosure.

Address award publication

State whether publication is prohibited, permitted with consent or allowed only after anonymisation.

Regulate post-arbitration retention

Determine which documents will be returned, deleted or archived.

Frequently Asked Questions

Are Turkish arbitration proceedings automatically confidential?

Not in every respect. Arbitration hearings are generally private, but the principal Turkish arbitration statutes do not contain a universal and comprehensive confidentiality obligation binding every participant in every case. Confidentiality may arise from the agreement, institutional rules, tribunal orders or other legal duties.

Are ISTAC proceedings confidential?

ISTAC’s institutional rules expressly protect Board sessions, documents submitted to the Board and information handled by the Secretariat. ISTAC’s online-hearing rules also require confidentiality safeguards and restrict attendance and recording. Parties should nevertheless include their own confidentiality arrangements where broader protection is required.

Can a party disclose the arbitration to its insurer?

The confidentiality clause should permit necessary disclosure to insurers where they require the information, normally subject to equivalent confidentiality protection.

Can arbitration documents be used in another lawsuit?

Use may be permitted where legally necessary to establish, protect or enforce a right. The scope depends on the confidentiality agreement, tribunal orders and applicable law.

Can a Turkish court proceeding remain confidential?

Turkish civil hearings are generally public. Closed hearings are permitted under the specific conditions stated in Article 28 of the Code of Civil Procedure. A party may request protection for particular documents, but should not assume that all arbitration-related court proceedings will be private.

Can arbitral awards be published?

Publication depends on the parties’ agreement and applicable rules. Anonymised publication may be possible where identities and confidential information are adequately protected.

Are lawyers bound by confidentiality?

Turkish lawyers are subject to statutory professional secrecy concerning information entrusted to them or learned through professional duties.

Does Turkish data protection law apply to arbitration?

Yes, where personal data fall within the scope of Law No. 6698. Arbitration participants must consider lawful processing, proportionality, security, retention and cross-border transfer requirements.

Can a hearing be secretly recorded?

Under the ISTAC Online Hearing Rules, audio or visual recording is prohibited unless authorised by the tribunal.

Does confidentiality continue after the final award?

It should continue where the relevant agreement, institutional rule, professional duty or applicable law provides for continuing protection. The contract should state the duration expressly.

Conclusion

Confidentiality in Turkish arbitration proceedings is an important but legally nuanced subject.

Arbitration is generally private in the sense that hearings are not ordinarily open to the public. Privacy alone, however, does not necessarily create a complete duty preventing every participant from disclosing all information obtained during the proceedings.

The Turkish International Arbitration Law and the domestic arbitration provisions of the Code of Civil Procedure do not establish one comprehensive confidentiality regime applicable automatically to every party, witness, expert, employee and service provider.

Confidentiality may instead arise from:

• The arbitration agreement;
• A separate confidentiality agreement;
• Institutional arbitration rules;
• Tribunal procedural orders;
• Lawyers’ professional secrecy;
• Personal data protection law;
• Trade secret and unfair competition law;
• Expert and service-provider contracts.

ISTAC provides specific institutional protection. Its Board sessions and documents are confidential, and Secretariat personnel are required to protect pleadings, communications, secrets and information received through their duties. ISTAC’s online-hearing rules also require technical confidentiality measures, limit attendance and prohibit unauthorised recording.

Confidentiality may become more difficult when court assistance is required. Turkish civil hearings and judgments are generally public, and an arbitration clause cannot prevent disclosure required by law, regulatory duties or judicial orders. Parties should therefore limit court filings to necessary information and request available protective treatment for sensitive documents.

Businesses should address confidentiality when drafting the original contract rather than waiting for a dispute. The clause should define protected information, identify authorised recipients, establish legal exceptions, address electronic security and regulate publication of awards.

After arbitration begins, the parties and tribunal may adopt a detailed confidentiality and cybersecurity protocol covering document production, online hearings, experts, witnesses, personal data and post-arbitration retention.

A carefully designed confidentiality framework can preserve commercial value, protect trade secrets and encourage effective presentation of evidence while respecting equality and the right to be heard.