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Towards a Uniform Approach to Confidentiality of International Commercial Arbitration: European Yearbook of International Economic Law, cartea 7

Autor Elza Reymond-Eniaeva
en Limba Engleză Paperback – 14 aug 2020
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 isdesirable and should be the goal.
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Specificații

ISBN-13: 9783030190057
ISBN-10: 3030190056
Pagini: 240
Ilustrații: XVIII, 240 p.
Dimensiuni: 155 x 235 mm
Greutate: 0.37 kg
Ediția:1st ed. 2019
Editura: Springer International Publishing
Colecția Springer
Seriile European Yearbook of International Economic Law, EYIEL Monographs - Studies in European and International Economic Law

Locul publicării:Cham, Switzerland

Cuprins

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.

Textul de pe ultima copertă

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.

Caracteristici

Deals with confidentiality as one of the most controversial issues in international commercial arbitration Represents the only book in English proposing a solution to the problem of confidentiality of international commercial arbitration Offers the most complete description of the existing regulation on confidentiality of international commercial arbitration