Suchergebnisse

Intro -- Acknowledgements -- Contents -- Abbreviations -- Chapter 1: Introduction -- Chapter 2: Sources -- 2.1 Introduction -- 2.2 Parties´ Agreement -- 2.3 International Arbitration Rules -- 2.3.1 Introduction -- 2.3.2 UNCITRAL Rules -- 2.3.3 LCIA Rules -- 2.3.4 Swiss Rules -- 2.3.5 ICC Rules -- 2.3.6 WIPO Rules -- 2.3.7 Oslo Rules -- 2.3.8 Intermediary Conclusions -- 2.4 National Legislation and Case Law -- 2.4.1 National Arbitration Laws -- 2.4.2 Case Law of National Courts -- 2.4.3 Other Potentially Relevant Rules of National Law -- 2.5 Confidentiality Orders -- 2.6 Arbitral Practice -- 2.6.1 Introduction -- 2.6.2 Arbitral Jurisprudence -- 2.6.3 Lex Mercatoria -- 2.6.4 Codified Rules -- 2.7 Overlap Between the Sources -- 2.8 Intermediary Conclusions -- Chapter 3: Persons Subject to the Duty of Confidentiality -- 3.1 Introduction -- 3.2 Parties´ Duty of Confidentiality -- 3.2.1 Introduction -- 3.2.2 Express Rules and Agreement on the Parties´ Obligation of Confidentiality -- 3.2.3 Confidentiality As an Implied Obligation -- 3.2.3.1 Introduction -- 3.2.3.2 England -- 3.2.3.3 Singapore -- 3.2.3.4 Australia -- 3.2.3.5 United States -- 3.2.3.6 Sweden -- 3.2.3.7 France -- 3.2.3.8 Switzerland -- 3.2.3.9 Arbitral Practice and Analysis -- 3.2.4 Balance of the Interests Involved and Analysis of the Arguments for and Against Confidentiality -- 3.2.4.1 Introduction -- 3.2.4.2 Balance of the Various Interests Involved -- 3.2.4.2.1 Parties´ Interests to Maintain the Privacy of the Dispute -- 3.2.4.2.2 Interests Requiring Disclosure -- 3.2.4.3 Arguments for and Against Confidentiality as an Implied Obligation -- 3.2.4.3.1 Parties´ Expectations of Confidentiality and Attractiveness of Arbitration -- 3.2.4.3.2 Correlation Between Privacy of Hearings and Confidentiality -- 3.2.4.3.3 Differences in Regulation of Confidentiality -- 3.2.4.3.4 Legal Uncertainty.

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.