Confidentiality in International Commercial Arbitration: A by Kyriaki Noussia

By Kyriaki Noussia

Arbitration is a vital part in enterprise. In an age while transparency is a maxim, very important concerns which the legislation governing arbitration at the moment fail to deal with are the level to which disclosure of knowledge might be limited by way of deepest contract in addition to the level to which the obligation to maintain confidentiality might be stretched. Absent a coherent felony framework and large qualitative and quantitative info, it really is both tough to signify and expect destiny instructions. This booklet bargains a device for achieving centralised entry to in a different way fragmentary and dispersed fabric, in addition to a complete research and designated exposition of the placement when it comes to confidentiality in arbitration within the jurisdictions of britain, united states, France and Germany.

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Additional info for Confidentiality in International Commercial Arbitration: A Comparative Analysis of the Position under English, US, German and French Law

Sample text

C. 1998), Dolling-Baker v. R. 890. Following Dolling-Baker v. R. 890 the decisions in Hassneh Insurance Co. of Israel v. Mew [1993] 2 Lloyd’s Rep. 243, Insurance Co v. Lloyd’s Syndicate [1995]1 Lloyd’s Rep. 272 and in Ali Shipping Corporation v. Shipyard Trogir [1998] 1 Lloyd’s Rep. 643 reaffirmed the existence of an implied duty of confidentiality but recognised that it was subject to exceptions. 53 Nappert and Cooke (2003, pp. 43–44). e. its recognition and enforcement. In Associated Electric & Gas Insurance Services Limited v European Reinsurance Company of Zurich57 the Judicial Committee of the Privy Council, on appeal from the Court of Appeal of Bermuda, examined, inter alia, questions of confidentiality in the context of the enforcement of an arbitral award.

In United States v. 34 it was held that arbitration communications are discoverable and admissible and refused to grant an order protecting them under the Federal Rule of Civil Procedure 26(c). The argument that domestic or else said “internal arbitration rules” require confidentiality was specifically rejected. What was also rejected were general assertions of economic harm that might be caused by disclosure as inadequate to establish good cause. In Cont’ship Containerlines, Ltd. v. 35 the discovery of arbitration communications from an international commercial arbitration held in London was compelled and the argument that confidentiality is somehow implied at law as a part of the agreement to arbitrate was rejected, contrary to the holdings of English decisions that the duty of confidentiality is implied at law – from the agreement to arbitrate – as a necessary predicate of the arbitration process.

It was also noted that the lack of external constraints on the disclosure of arbitration 29 AT&T Corp. v. Pub. Serv. , Nos. CIV. A. 99-4975, CIV. A. D. Pa. Apr. 12, 2000). 30 Omaha Indem. Co. v. Royal Am. D. D. Mo. 1991); City of Newark v. Y. App. Div. 2003). 31 Schmitz (2006, p. 1222). 32 United States v. Panhandle Eastern Corp. D. 346 (D. Del. 1988). 33 Cont’ship Containerlines, Ltd. v. PPG Industries, Inc. No. 00 Civ. Y. Apr. 23, 2003). 34 United States v. Panhandle Eastern Corp. D. 346 (D. Del.

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