Confidentiality in International Commercial Arbitration A Comparativ
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 agre
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Kyriaki Noussia
Confidentiality in International Commercial Arbitration A Comparative Analysis of the Position under English, US, German and French Law
Dr. Kyriaki Noussia University of Hamburg Faculty of Law Schlu¨terstraße 28 D-20146 Hamburg, Germany Max Planck Institute for Comparative and International Private Law Mittelweg 187 D-20148 Hamburg, Germany [email protected]
Printed with the support of Alexander von Humboldt-Stiftung ISBN 978-3-642-10223-3 e-ISBN 978-3-642-10224-0 DOI 10.1007/978-3-642-10224-0 Springer Heidelberg Dordrecht London New York Library of Congress Control Number: 2010921318 # Springer-Verlag Berlin Heidelberg 2010 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: WMXDesign GmbH, Heidelberg, Germany Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
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Preface
Arbitration is the most popular form of alternative dispute resolution. Of the reasons for arbitration’s leading position as a means of alternative dispute resolution, at least in an international commercial context, is the presumption of the principle of confidentiality entailed in it. This monograph is a comparative study of the doctrine of confidentiality in international commercial arbitration in the legal systems of England, the USA, Germany and France. The undertaking of the current work has been considered essential due to the central role of confidentiality in arbitration, alongside the fact that confidentiality is not always preserved and the fact that its protection is often problematic in many respects and in many stages throughout the arbitration proceedings. The purpose of this book is to analyse comparatively, critically discuss and assess the role and the problematic areas of confidentiality in international commercial arbitration, in the legal systems of England, the USA, Germany and France, and to propose ways to overcome the problems encountered in the light of the wider spread and strengthening of the role of arbitration worldwide as a powerful means of alternative dispute resolution. I would like to acknowledge the Alexander von Humboldt Foundation for awarding me the prestigious Alexander von Humboldt Research
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