...and privacy of proceedings are crucial as the parties may have chosen Alternative Dispute Resolution (ADR) proceedings for reasons like protecting a trade secret or safeguarding their reputation. Although confidentiality...
...Similarly, according to Merriam-Webster, confidentiality means “Private, Secret.” The terms “Privacy” and “Confidentiality” were used interchangeably in arbitration until the latter half of the 20th century. While “Privacy” means that...
...in international arbitration? How does transparency co-exist with privacy and confidentiality? In recent years, there has been an increased interest in many countries, particularly in the liberal western democracies, for...
...the Bar for Diversity in International Arbitration? Panel 3B – Technology in Arbitration and the Advent of Decentralised Justice: Balancing Innovation with Fairness, Due Process, Security and Privacy Panel 4...
...the Bangladesh Accord from the Hague Rules by highlighting the instruments’ different approaches to privacy, confidentiality and transparency. In doing so, this article argues that while businesses were incentivised to...
...June 2020 took a drastic step in banning fifty-six Chinese apps citing security and data privacy reasons.[1] The ban made India susceptible to international investment claims by these apps. This...
...Protection Bill, 2019[2] based on GDPR model in India, and the declaration of the Right to Privacy as a fundamental right in jurisdictions such as India[3] have increasingly led the...
...Claimant’s position that the essence of the underlying dispute warrants privacy. Sanctions are used by States as a tool for foreign policy or national security purposes, often involving issues such...
...needs. Overall, its main advantages are enforceability, party control, neutrality, privacy and confidentiality, costeffectiveness and speed. The ability of the disputing parties to enjoy the abovementioned advantages is conditional on...
...to obtain meaningful interim relief. The international business community has long considered international arbitration preferable to litigation in national courts for a variety of reasons, including neutrality of forum, privacy,...
...human rights concerns.[8] Additionally, for many businesses, the purpose of arbitration is expediency and/or privacy in resolving problems. Were human rights goals such as transparency and victim participation too dominating...
...arbitration field. Back in 2006, corporate counsel appreciated the advantages of the arbitration procedure (procedural flexibility, enforceability of awards, privacy of the process and selection of arbitrators), but also criticized...