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Towards a Uniform Approach to Confidentiality of International Commercial Arbitration

  • Elza Reymond-Eniaeva
Book

Part of the European Yearbook of International Economic Law book series (EUROYEAR, volume 7)

Also part of the EYIEL Monographs - Studies in European and International Economic Law book sub series (EYIELMONO, volume 7)

Table of contents

  1. Front Matter
    Pages i-xviii
  2. Elza Reymond-Eniaeva
    Pages 1-3
  3. Elza Reymond-Eniaeva
    Pages 5-27
  4. Elza Reymond-Eniaeva
    Pages 29-113
  5. Elza Reymond-Eniaeva
    Pages 115-154
  6. Elza Reymond-Eniaeva
    Pages 209-215
  7. Elza Reymond-Eniaeva
    Pages 217-222
  8. Back Matter
    Pages 223-240

About this book

Introduction

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.

Keywords

Confidentiality of arbitration Confidentiality of arbitration Implied duty of confidentiality Transparency in arbitration Publication of arbitral awards Exceptions to the confidentiality Privacy of hearings Esso/BHP etc. v. Plowman Confidentiality breach Legal privilege

Authors and affiliations

  • Elza Reymond-Eniaeva
    • 1
  1. 1.LausanneSwitzerland

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-030-19003-3
  • Copyright Information Springer Nature Switzerland AG 2019
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology
  • Print ISBN 978-3-030-19002-6
  • Online ISBN 978-3-030-19003-3
  • Series Print ISSN 2364-8392
  • Series Online ISSN 2364-8406
  • Buy this book on publisher's site
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