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Confidentiality in Arbitration

The Case of Egypt

  • Mariam M. El-Awa

Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 56)

Table of contents

  1. Front Matter
    Pages i-x
  2. Mariam M. El-Awa
    Pages 1-41
  3. Back Matter
    Pages 195-222

About this book

Introduction

This book addresses the issue of privacy and confidentiality in the broader context of the Egyptian legal system. The volume opens with an overview of the major approaches to confidentiality adopted in various jurisdictions. It goes on to examine the duties of confidentiality and privacy in arbitration law and practice on the basis of interviews with 30 law professors and practitioners who often act as arbitrators or counsel for parties in arbitral disputes together with the relevant Egyptian arbitration law provisions. 

The book takes into account the relevant provisions in the arbitration laws of Syria, Saudia Arabia and Yemen. It moves on to explore the relation between arbitration and the judicial system, and the extent to which the former should borrow its rules from the latter with regard to publicity and the rule of public trial. Finally, this book looks at the right to privacy as (a) a constitutional right, as a potential basis for a legal duty of confidentiality in arbitration, and the duties stemming from this constitutional right in the various laws of Egypt, as well as (b) the constraints imposed on the right to privacy, in particular those stemming from the constitutional principles of freedom of speech and freedom of the press.

The main conclusion is that confidentiality does indeed exist in arbitration. However, its legal basis is not the law on arbitration or the arbitration agreement. It is in fact a corollary of the fundamental right to privacy granted in the Egyptian legal system to both natural and legal persons.

Keywords

Arbitration in Egypt Constitutional Protection Egypt's Constitution The Egyptian Legal System Confidentiality and Privacy in Arbitration Duty of Confidentiality Investment Arbitration Amicus Submissions Right to Privacy Sanctity of Private Life Freedom of Expression Public Trial Deliberations and Dissenting Opinions Arbitration in Syria Arbitration in Yemen Arbitration in Saudi Arabia

Authors and affiliations

  • Mariam M. El-Awa
    • 1
  1. 1.El-Awa Law Firm CairoEgypt

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-39122-9
  • Copyright Information Springer International Publishing Switzerland 2016
  • Publisher Name Springer, Cham
  • eBook Packages Social Sciences
  • Print ISBN 978-3-319-39121-2
  • Online ISBN 978-3-319-39122-9
  • Series Print ISSN 1534-6781
  • Series Online ISSN 2214-9902
  • Buy this book on publisher's site
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