Towards a Uniform Approach to Confidentiality of International Commercial Arbitration

Arbitration / Mediation / Litigation

Towards a Uniform Approach to Confidentiality of International Commercial Arbitration

By Elza Reymond-Eniaeva
Springer-Verlag July 2019

Specifications

ISBN-13
9783030190026
Publisher
Springer-Verlag
Publication
July 2019
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

The book deals with confidentiality as one of the most controversial issues in international commercial arbitration. On the one hand, it is widely recognized that confidentiality is an important advantage of arbitration which contributes to its attractiveness. On the other hand, there is no uniform regulation in national legislations, arbitration rules, and other relevant sources as to the scope or even to the existence of a duty of confidentiality.

A uniform approach to confidentiality of international commercial arbitration is possible. The best way to achieve it would be through harmonization of national arbitration laws which should impose a confidentiality obligation subject to certain exceptions. The purpose of maintaining confidentiality would be to protect primarily the parties from undesirable leaks that can be avoided and to protect arbitration as an institution. As to a systematic publication of arbitral awards without identifying the parties' identity, it is desirable and should be the goal.

Table of Contents

Acknowledgements
1. Introduction
2. Sources
3. Persons Subject to the Duty of Confidentiality
4. Content of the Duty of Confidentiality
5. Exceptions and Limitations to the Obligation of Confidentiality
6. Remedies and Sanctions in Case of Confidentiality Breach
7. Possibility of Uniform Rules in Confidentiality
8. Conclusions
Bibliography Table of Cases
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