Towards a Uniform Approach to Confidentiality of International Commercial Arbitration
- ISBN-10
- 303019003X
- ISBN-13
- 9783030190033
- Category
- Law
- Pages
- 240
- Language
- English
- Published
- 2019-06-11
- Publisher
- Springer
- Author
- Elza Reymond-Eniaeva
Description
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.
Get the book
Similar books
-
Confidentiality in International Commercial Arbitration: A Comparative Analysis of the Position under English, US, German and French Law
By Kyriaki NoussiaThis book offers a tool for attaining centralised access to otherwise fragmentary and dispersed material, as well as a comprehensive analysis and detailed exposition of the position in relation to confidentiality in arbitration in the ...
-
Confidentiality in International Commercial Arbitration
By Ileana M. SmeureanuThis book deciphers the current degree of confidentiality in international commercial arbitration as reflected by the most important arbitration rules, national laws, other arbitration-related enactments, and practices of arbitral tribunals ...
-
The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration: Focusing on Australia, Hong Kong and Singapore
By Dean LewisS Co (n. 740). TCL (n. 691). Astro (n. 723). See also the purely domestic approach of Chan J in Gong Benhai v. ... They both considered it did. Nelson (n.284) 120; albeit based on some older Hong Kong judgments. S Co (n. 740). Astro (n.
-
Towards a Uniform International Arbitration Law?
By Emmanuel Gaillard, Philippe Pinsolle, Anne Véronique SchlaepferThis book critically explores the extent to which these phenomena contribute to the creation of a truly uniform international arbitration law.
-
The Principles and Practice of International Commercial Arbitration
By Margaret L. MosesThis book provides immediate access to the world of international commercial arbitration, which is the favoured method of international dispute resolution.
-
The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration
By Fabien Gélinas, Frédéric BachandThis is one of the only books on the market that considers the application of the UNCITRAL Model Law in both great depth and breadth, and from multiple perspectives.
-
Conflicting Legal Cultures in Commercial Arbitration: Old Issues and New Trends
By Stefan N. FrommelThe great strength of the arbitration process lies in its independence from any particular legal culture. Inevitably, its cross-cultural perspective has brought it to the fore as the preferred means...
-
Deference in International Commercial Arbitration: The Shared System of Control in International Commercial Arbitration
By Franco Ferrari, Friedrich RosenfeldIn this book, prominent arbitration practitioners and academics offer the first systematic analysis of such deference in international arbitration.
-
Due Process in International Commercial Arbitration
By Matti Kurkela, Santtu Turunen, Conflict Management InstitutePrevious edition, 1st, published in 2005.
-
Discourse and Practice in International Commercial Arbitration: Issues, Challenges and Prospects
By Christopher N. CandlinThis book addresses, in a range of ways and from various locations and sites, those aspects of arbitration practice that are considered crucial for its integrity as an institution and its independence as a professional practice.