Broadly speaking, confidentiality is also recognized in arbitral proceedings in most of the prevailing international arbitration jurisdictions, although there are some differences in the contours of the confidentiality provided. See k noussia, confidentiality in international commercial arbitration, the history of arbitration springer 2010 11. Nov 09, 2017 confidentiality in international arbitration beyond the gulf region. A comparative analysis of the position under english, us, german and french law kyriaki noussia auth. A comparative analysis of confidentiality in german and english arbitration law. University of hongkong faculty of law, research paper no. This article begins by detailing the origins of arbitration and the development of the reasoned award. The conflicting needs of confidentiality and transparency in arbitration have compelled badly the courts and law makers to come with the innovations to harmonize the conflict. What is certain is, that confidentiality should not be taken for granted. Confidentiality in international commercial arbitration kyriaki noussia confidentiality in international commercial a. Two opposing views have been taken among judges and scholars regarding the legislative. Confidentialitya fundamental principle in international.
The question has, until recently, almost never been debated. Noussia, confidentiality in commercial arbitration 1112 th ed. Expectations of confidentiality in international arbitration. What is certain is, that confidentiality should not be. In an age when transparency is a maxim, important issues w. The present status of confidentiality in international commercial arbitration in the various jurisdictions. Before turning to the interesting and recent english commercial court decision of teekay tankers ltd v stx 2017 ewhc 253, we revisit the general position and legal basis for confidentiality obligations in arbitration. The confidentiality of international arbitration proceedings and awards is one area with a crying need for corrective hands today. A comparative analysis of the position under english, us, german and french law noussia, kyriaki on. The answer is that there is a definite lack of consensus in the international arbitration community. See also ilo report on confidentiality in international commercial arbitration, october 2010, 510. The value of confidentiality in international arbitration law. It also offers a separate tool that can be used to search or browse for court decisions concerning the.
The american arbitration association, international arbitration rules, art. The value of confidentiality in international arbitration law commercial essay. International law association international commercial. A comparative analysis of the position under english, us, german and french law kyriaki noussia on. Confidentiality in arbitration a comparative analysis of confidentiality in german and english arbitration law chris berger essay law civil private trade anti trust law business law publish your bachelors or masters thesis, dissertation, term paper or essay. Application and limitations of the principle lecturer bazil oglinda1 abstract over the years, arbitration has grown to be the preferred means of dispute resolution by commercial entities. There was a time when confidentiality in arbitration was assumed both to exist as a fundamental feature of. Many arbitration institutions regulate confidentiality, but mainly as a duty of the arbitrators and the staff of each center. Jul 18, 2017 the legal basis of confidentiality in arbitration. Ica international commercial arbitration il international law ir international relations model law uncitral model law on international commercial arbitration 1985, with amendments as adopted in 2006 ny convention convention on the recognition and enforcement of foreign arbitral awards 1958. This study takes the professional practice of international commercial arbitration, a mechanism to resolve business disputes outside the courts and traditionally considered as private, to explore.
A comparative analysis of the position under english, us, german and french law october 1, 2010. Confidentiality is frequently promoted as a key advantage of international arbitration. Presumption of confidentiality in international commercial. The extent of confidentiality afforded to the parties varies from jurisdiction to jurisdiction. Kyriakinoussia 2010,arbitration and international commercial law consultant, in confidentiality in international commercial arbitration, highlights that the german zpo has adopted the approach of endorsing the notion of privacy as a corollary of party autonomy in order to ensure business efficacy and leniency for the governing contracts. The purpose of this thesis was to see whether there exists an international principle of confidentiality in arbitration.
The confidential nature of the international commercial arbitration arbitration being. The value of confidentiality in international arbitration. At the international law associations seventyfourth biennial conference in the hague in 2010, the ila international commercial arbitration committee reported on confidentiality in international commercial arbitration and the conference adopted a number of recommendations on these topics. Confidentiality in international commercial arbitration epdf. Ileana smeureanu the international law institute is pleased to announce the new publication of confidentiality in international commercial arbitration the publication is authored by our ili colleague and associate, dr. Confidentiality in international commercial arbitration springer verlag berlin heidelberg, 2010 chapter 2. Mar 16, 2018 interestingly, there is no attempt to say that arbitrability of such matters would not be limited in international commercial arbitration cases, where confidentiality is not presumed as a matter of russian law. Interestingly, there is no attempt to say that arbitrability of such matters would not be limited in international commercial arbitration cases, where confidentiality is not presumed as a matter of russian law.
Home legal developments and cases reform of the arbitration act 1996 and confidentiality. Other arguments in favour of more transparency in commercial arbitration are well known. Confidentiality in arbitration hausarbeiten publizieren. Aug 17, 2017 a critical assessment of arbitration as an alternative dispute resolution mechanism alternative dispute resolution mechanisms like mediation and arbitration date back in the 18 th and 19 th centuries during the advent of local and international trade. Kluwer arbitration kluwer arbitration provides selective coverage of arbitral awards and court decisions on matters of law pertaining to international commercial arbitration, including arbitrability, validity, annulment, and enforcement. Confidentiality has been regarded as a selfevident attribute, one of the reasons why parties choose to arbitrate.
Arbitration and transparency relations between a private. Confidentiality in international commercial arbitration. Within the last decade confidentiality became an important topic in international commercial arbitration. She is also a barrister and solicitor in greece athens bar association and a member of various associations and committees in the field of transport law, maritime law, international commercial law, international procedural and arbitration law. In december 2017, the law commission launched its thirteenth programme of law reform.
Confident in international arbitrations confidentiality. The present status of confidentiality in international. Confidentiality in arbitration publish your masters. Confidentiality in international commercial arbitration springerlink. It preserves the information exchanged in the arbitration proceedings and prevents the parties from disclosing information relating to the arbitration. In the 1990s, one of the leading treatises on international arbitration noted that one of the fundamental principles and one of the major advantages of international arbitration is that it is confidential. The value of confidentiality in international arbitration law commercial essay introduction. A comparative analysis of the position under english, us, german and french law. The iba guidelines for drafting international arbitration clauses3.
Confidentiality has been taken for granted, though it has become one of the most undetermined matters in international arbitration. Confidentiality in arbitration is determined by the applicable national law, the arbitration rules selected by the parties, and contractual provisions. One of the principal reasons companies that are engaged in international commerce agree to resolve their disputes by international commercial arbitration proceedings, rather than domestic or foreign court proceedings, is the perception of confidentiality and privacy that such proceedings afford. The finding of this research shows that the legal basis, scopes, application, and. Noussia, confidentiality in international commercial arbitration. Confidentiality in international commercial arbitration a. Recently, however, these proposals have taken on a.
The challenges that arise in respect of confidentiality in international commercial arbitration between public and private parties have only recently begun to be articulated, despite the fact that this sort of. The current international commercial arbitration committee is composed of 53 members from over 30 countries, including professors, judges, arbitrators, private practitioners and staff of international. Even though there has been an assumption that there is a duty of confidentiality, it normally does not rest on a statutory basis. Blessing or curse in international commercial arbitration. Confidentiality in international commercial arbitration 245 the american arbitration association aaa international arbitration rules 1997 provide that the hearings shall be private article 20. Jones day professorship in commercial law lecture smu, singapore 12 march 2015 the subjectmatter of my lecture has in recent years become of increasing importance. International arbitration has been a subject of interest for the ila since as early as 1895. Mar 10, 2010 arbitration is an essential component in business. See ajit kaushal, the issue of confidentiality in international commercial arbitration, pg. K 2400 n68 2010 choice of forum and laws in international commercial arbitration peter nygh. Noussia k 2009 confidentiality in arbitration revisited. Possibility of an autonomous international commercial arbitration degree.
The rules of the australian centre for international commercial arbitration acica, for example, include a confidentiality provision under article 18 in the following terms. Her key research areas are international commercial law, arbitration, and private international law. Posted on april 19th, 2018 by ben hornan and marie davoise reform of the arbitration act 1996 and confidentiality. A comparative analysis of the position under english, us, german and french law springer at 1114. Designating a particular set of arbitration rules containing appropriate confidentiality provisions is one means of doing this. Expectations of confidentiality in international arbitration by robert sentner and matthew mclaughlin one of the principal reasons companies that are engaged in international commerce agree to resolve their disputes by international commercial arbitration proceedings, rather than domestic or foreign. Confidentiality in international arbitration knowledge. Introduction commentators and scholars have long been making the case for expanding transparency in the international commercial arbitration system. Confidentiality in international commercial arbitration law international essay. Pdf confidentiality in international commercial arbitration ila. At its broadest, arbitration or alternative dispute resolution encompasses any method of resolving a dispute other than by a binding dispositive decision imposed by a judge or arbitrator, generally involves the 1 noussia k. Read confidentiality in international commercial arbitration a comparative analysis of the position under english, us, german and french law by kyriaki noussia available from rakuten kobo. The last chapter is devoted to providing examples of how the duty of confidentiality may be treated in the future in light of some recent efforts and to propose a uniform default. Wolaver, the historical background of commercial arbitration, 83 u.
It goes on to note lord binghams evaluation of how a reasoned award can serve interested parties most effectively, evaluating the four and half reasons lord bingham advanced in support of a fully reasoned award. The international commercial arbitration committee. This article provides a brief analysis of the current degree of confidentiality in international commercial arbitration, along with a few suggestions on how to tackle the challenge of protecting confidentiality. Confidentiality is often cited as one of the main benefits of arbitration as opposed to litigation. The issue of confidentiality in international commercial. Duty of confidentiality in arbitration process in ethiopia.
A comparative analysis of the position under english, us, german and french law, springer, heidelberg, 2010. Confidentiality in arbitration has for many years been taken for granted by the parties involved. Many parties select arbitration as a dispute resolution process precisely to secure privacy and confidentiality. This study takes the professional practice of international commercial arbitration, a mechanism to resolve business disputes outside the courts and traditionally considered as private, to. Confidentiality and integrity in international commercial. Reform of the arbitration act 1996 and confidentiality. But following a 1995 decision of the high court in australia. Confidentiality in arbitration publish your masters thesis. Domestic commercial arbitration can be traced back to the merchants of the latter middle ages. Also the uncitral model law on international commercial arbitration adopted. Transparency in international commercial arbitration catherine a. International commercial arbitration ica is an alternative dispute resolution used by. Kyriakinoussia 2010, arbitration and international commercial law consultant, in confidentiality in international commercial arbitration, highlights that the german zpo has adopted the approach of endorsing the notion of privacy as a corollary of party autonomy in order to ensure business efficacy and leniency for the governing contracts.
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