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Towards a Uniform Approach to Confidentiality of International Commercial Arbitration

Towards a Uniform Approach to Confidentiality of International Commercial Arbitration

作者： Elza Reymond-Eniaeva
出版商： Springer-Verlag
ISBN: 9783030190026
出版时间 July 2019
规格： Hardback
适应领域： Switzerland ? 免责申明：
Countri(es) stated herein are used as reference only

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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.
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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