Confidentiality in international commercial arbitration

Confidentiality in international commercial arbitration by Ileana M. Smeureanu Download PDF EPUB FB2

After neutrality and international enforcement, the next most valued feature of international commercial arbitration is confidentiality. For reasons easy to imagine, businessmen do not want their trade secrets, business plans, strategies, contracts, financial results or any other types of business information to be publicly accessible, as would commonly happen in court Cited by: 4.

Confidentiality in international commercial arbitration book neutrality and international enforcement, the next most valued feature of international commercial arbitration is confidentiality. For reasons easy to imagine, businessmen do not want their trade secrets, business plans, strategies, contracts, financial results or any other types of business information to be publicly accessible, as would commonly happen in court 4/5(1).

Confidentiality in International Commercial Arbitration: A Comparative Analysis of the Position under English, US, German and French Law. Arbitration is an essential component in business.

This book deciphers the current degree of confidentiality in international commercial arbitration as reflected by the most important arbitration rules, national laws, other arbitration-related enactments, and practices of arbitral tribunals and domestic courts globally.

Spring ] Confidentiality and Transparency to find an equilibrium between two seemingly opposing features of international commercial arbitration. The absence of a cohesive approach renders the practice of confi- dentiality in international commercial arbitration progressively more unpredictable.

Collection In conclusion, the confidentiality nature of the arbitration proceedings is the primary reason why parties prefer them over court proceedings. Other advantages of arbitration can be attractive for the parties as well, for example, flexibility of the proceedings and the enforceability of awards.

Confidentiality in International Arbitration: Virtue or Vice. Jones Day Professorship in Commercial Law Lecture SMU, Singapore 12 March The subject-matter of my lecture has in recent years become of increasing importance. There was a time when confidentiality in arbitration was assumed both to exist as a fundamental feature ofFile Size: 65KB.

This book on international commercial arbitration is another international arbitration classic. It describes what parties and arbitrators do, how arbitration is conducted, and the principles pertaining to the arbitration agreement, the formation, role and functions of the arbitration tribunal, and the importance and effect of the arbitration award.

CHARACTERISTICS OF INTERNATIONAL COMMERCIAL ARBITRATION International arbitration offers businesses in these industries all of the well-known arbitration advantages of efficiency, speed, cost-effectiveness, confidentiality, finality, enforceability, expertise, neutrality, and flexibility.

In an international context, neutralityFile Size: KB. Arbitration is an essential component in business. In an age when transparency is a maxim, important issues which the laws governing arbitration currently fail to address are the extent to which disclosure of information can be constrained by private agreement along with the extent to which the duty to preserve confidentiality can be stretched.

Books on arbitration, written prior to the ’s, state only that “arbitration is held in private” or “arbitration is confidential”. Inthe silence was broken when the High Court of Australia rejected the common view that there is a general obligation of confidentiality in arbitration proceedings.1 Since then, confidentiality.

Confidentiality in International Commercial Arbitration by Ileana M. Smeureanu,available at Book Depository with free delivery worldwide. The varied treatment that confidentiality in international commercial arbitration has received in different jurisdictions has signaled a clear need to find an appropriate balance between confidentiality and transparency.

This article analyses the. international commercial arbitration and international sales law. After completing his internship at the Zurich office of Schellenberg Wittmer, Mr.

Gottlieb is currently on study leave and will return to Schellenberg Wittmer as an associate in the Dispute Resolution team in He. The work aims at deciphering the current degree of confidentiality in international commercial arbitration as reflected by the most important arbitration rules, national laws, other arbitration-related enactments, and practices of arbitral tribunals and domestic courts globally.

The issue of confidentiality is key to the successful practice of international commercial arbitration. The confidentiality of arbitration proceedings is a reason for resorting to arbitration, as Author: Leon Trakman. 2 Bagner, “Confidentiality - A Fundamental Principle in International Commercial Arbitration?” () 18 Journal of International Arbitration 3 () CLR The case is also reproduced in () Arbitration International, Vol No.3 at p.

File Size: KB. “A Practical Guide to International Arbitration is an excellent book for users of international arbitration – it covers everything about the life of an arbitration in a practical way, from start to finish.

The authors present complex concepts and issues in an easy to understand way, capturing the essence needed for the user who wants to get up to speed quickly with any aspect of an international arbitration.

The confidential nature of the international commercial arbitration (arbitration being understood as an alternative dispute resolution) is considered as one of the main advantages of the arbitration compared to the state justice.

Confidentiality is part of arbiter status and a comparative approach can only be of : Daniel Mihail Sandru. 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.

Interest in International Arbitration, by Matthew Secomb Which Law Determines the Confidentiality of Commercial Arbitration? Purchase price adjustment disputes in mergers and acquisitions: an intersection of different dispute resolution procedures and a .Within the last decade confidentiality became an important topic in international commercial arbitration.

Confidentiality has been regarded as a self-evident attribute, one of the reasons why parties choose to arbitrate. But following a decision of the High Court in Australia.Generally speaking, however, parties to arbitration agreements assume that it does.

Indeed, surveys suggest that confidentiality is one of the main reasons commercial parties choose arbitration over court proceedings (along with the flexibility of the process and the ability to nominate an arbitrator of choice).File Size: KB.