Towards a Uniform Approach to Confidentiality of International Commercial Arbitration(EYIEL Monographs - Studies in European and International Economic Law)

国际法学

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1239.00
发货周期:预计8-10周发货
作      者
出  版 社
出版时间
2020年07月05日
装      帧
ISBN
9783030190057
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页      码
240
语      种
英文
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图书简介
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.
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