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

La 4e de couverture indique : "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." Front Matter ....Pages i-xviii Introduction (Elza Reymond-Eniaeva)....Pages 1-3 Sources (Elza Reymond-Eniaeva)....Pages 5-27 Persons Subject to the Duty of Confidentiality (Elza Reymond-Eniaeva)....Pages 29-113 Content of the Duty of Confidentiality (Elza Reymond-Eniaeva)....Pages 115-154 Exceptions and Limitations to the Obligation of Confidentiality (Elza Reymond-Eniaeva)....Pages 155-188 Remedies and Sanctions in Case of Confidentiality Breach (Elza Reymond-Eniaeva)....Pages 189-208 Possibility of Uniform Rules on Confidentiality (Elza Reymond-Eniaeva)....Pages 209-215 Conclusions (Elza Reymond-Eniaeva)....Pages 217-222 Back Matter ....Pages 223-240