Volume 8, Issue 2
Autumn 2017
Pages 6-54
Abstract
Confidentiality is one of the main advantages of international commercial arbitration, which plays a pivotal role in the success of the continued success of arbitration, in contrast to the principle of disclosure in the ordinary judiciary. Despite the clear general acceptance of the principle of confidentiality, there are no widely accepted rules adopted and followed with regard to the extent of the obligation imposed by the persons committed to confidentiality in arbitration. These obstacles, although the general trend of scholars and practitioners towards assuming confidentiality, but there is a separation between this assumption and the reality of repeated disclosure. Therefore secrecy often faces considerable challenges to make the arbitration sessions public or extend to demand the publication of the award, or even use the arbitration material in a subsequent lawsuit or disclosure in response to the public interest. These data may constitute one of the causes of conflict
  • Receive Date 01 December 2017
  • Revise Date 20 December 2017
  • Accept Date 25 December 2017