Towards A Uniform Approach To Confidentiality Of International Commercial Arbitration

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Towards a Uniform Approach to Confidentiality of International Commercial Arbitration
By: Elza Reymond-Eniaeva
Publisher:
Springer
Print ISBN: 9783030190026, 3030190021
eText ISBN: 9783030190033, 303019003X
Copyright year: 2019
Format: EPUB
Available from $ 139.00 USD
SKU 9783030190033
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.