Towards a Uniform Approach to Confidentiality of International Commercial Arbitration / Elza Reymond-Eniaeva.

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Towards a Uniform Approach to Confidentiality of International Commercial Arbitration / Elza Reymond-Eniaeva.

9783030190033 (electronic book)
303019003X (electronic book)
3030190021
9783030190026

Cham, Switzerland : Springer, [2019]

English

1 online resource (251 pages).

K2280 .R49 2019

347.09

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.

Includes bibliographical references.

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Description based on online resource; title from digital title page (viewed on July 17, 2019).

European yearbook of international economic law. EYIEL monographs ; v. 7.

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