Rules of Evidence in International Arbitration

Nathan D; O'Malley; LLM

Document

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APPENDIX 4 The confidentiality undertaking for third-party experts – Chemtura Corporation v Government of Canada

1 IN CONSIDERATION of being provided with information which has been designated confidential (“Confidential Information”) in connection with the arbitration between Chemtura and the Government of Canada, I hereby agree to maintain the confidentiality of such material. It shall not be copied or disclosed to any other person nor shall the information so obtained be used by me for any purposes other than in connection with this proceeding.
2 I acknowledge that I am aware of the Confidentiality Order in these proceedings, a copy of which is attached to this Undertaking and I agree to be bound by its terms, which are deemed to be incorporated into this Undertaking.
3 I will promptly return any materials containing Confidential Information received by me from the disputing party that provided me with such materials at the conclusion of my involvement in these proceedings.
4 I acknowledge and agree that irreparable harm may be caused to either disputing party to this arbitration if any of the provisions of this Confidentiality Undertaking are not performed by me in accordance with its specific terms or are otherwise breached. I acknowledge and agree that either disputing party to this arbitration may seek injunctive relief restraining breaches of this Confidentiality Undertaking and to specifically enforce the provisions hereof in addition to any other remedy to which any disputing party to this arbitration may be entitled at law or in equity.
5 I agree to submit to the jurisdiction of [insert jurisdiction] to resolve any disputes arising under this Agreement.

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SIGNED as of	day of	2008.
________________________	_________________________
(Print Name)	(Print Witness Name)
________________________	_________________________
(Signature)	(Witness Signature)