Towards a Uniform Approach to Confidentiality of International Commercial Arbitration / by Elza Reymond-Eniaeva.

Format:

Book

Author/Creator:

Reymond-Eniaeva, Elza., Author.

Series:

EYIEL Monographs - Studies in European and International Economic Law, 2524-6658 ; 7

Language:

English

Subjects (All):

Mediation.

Dispute resolution (Law).

Conflict management.

Conflict of laws.

International economic relations.

Dispute Resolution, Mediation, Arbitration.

Private International Law, International & Foreign Law, Comparative Law .

International Economics.

Local Subjects:

Dispute Resolution, Mediation, Arbitration.

Private International Law, International & Foreign Law, Comparative Law .

International Economics.

Physical Description:

1 online resource (251 pages).

Edition:

1st ed. 2019.

Place of Publication:

Cham : Springer International Publishing : Imprint: Springer, 2019.

Summary:

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.

Contents:

FM

1. Introduction

1. Sources

3. Persons Subject to the Duty of Conficentiality

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

Table of Cases

Bibliography.

ISBN:

3-030-19003-X

978-3-030-19002-6