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

Description

Arbitration is an essential component in business. In an age when transparency is a maxim, important issues which the laws governing arbitration currently fail to address are the extent to which disclosure of information can be constrained by private agreement along with the extent to which the duty to preserve confidentiality can be stretched. Absent a coherent legal framework and extensive qualitative and quantitative data, it is equally difficult to suggest and predict future directions. This book offers a tool for attaining centralised access to otherwise fragmentary and dispersed material, as well as a comprehensive analysis and detailed exposition of the position in relation to confidentiality in arbitration in the jurisdictions of England, USA, France and Germany. Front Matter....Pages i-xiii Introduction....Pages 1-10 The History, Importance and Modern Use of Arbitration....Pages 11-17 Problems and Questions Encountered in Relation to Confidentiality in Arbitration....Pages 19-36 The Present Status of Confidentiality in International Commercial Arbitration in the Various Jurisdictions....Pages 37-126 Critical Analysis, Overall Assessment and Discussion....Pages 127-144 Transnational Law and Arbitration....Pages 145-153 Towards a Uniform Arbitration Law?....Pages 155-160 Conclusions....Pages 161-182 Back Matter....Pages 183-200