...Confidentiality in Courts A perusal of the above-discussed legal framework on confidentiality suggests that most jurisdictions lack the regulation of confidentiality when the disputes are before the respective courts. Such...
...part discusses confidentiality concerns; the second part discusses due process paranoia; and the third part provides suggestions to address these concerns. Part I: Confidentiality Concerns in Virtual Hearings Confidentiality...
...discuss confidentiality in investment arbitration and the desirability of finding a default position on confidentiality, i.e., the ‘problemathique.’ Part III discusses the arguments peculiar to a finding of implied confidentiality...
Author: Cindy G. Buys* Published: January 2004 Jurisdiction: International Topics: Categories of Disputes Commercial Disputes Confidentiality Arbitral Awards Confidentiality and Publication Description: Confidentiality is often cited as one of the...
Author: Hans Smit* Published: December 1998 Topics: Confidentiality ICC WIPO Description: Confidentiality has long been touted as one of the advantages of arbitration. However, until recently, institutional rules generally did...
...raised by the opposing side: confidentiality and cybersecurity. To address the confidentiality concern, Ms. Bhagnani first identified that the only information that can possibly be alleged as confidential is the...
Author: Francois Dessemontet* Published: December 1996 Topics: Arbitral Adjudication Confidentiality Description: According to the view prevailing in Europe, arbitral proceedings are subject to strict confidentiality. The much-publicized case of Esso...
Author: Hans Smit* Published: October 2000 Topics: Arbitral Awards Confidentiality and Publication Agreement to Arbitrate Description: Confidentiality in arbitration has gained significant attention in recent years. And recent decisions by...
Author: Hans Smit** Published: December 1991 Jurisdiction: Australia Topics: Arbitral Adjudication Confidentiality Description: Confidentiality is often touted as one of the advantages of arbitration over litigation. But what confidentiality means...
Author: Hans Smit** Published: May 1995 Topics: Arbitral Adjudication Confidentiality Description: The High Court of Australia, on April 7, 1995, rendered a decision on the issues raised in the case...
Author: Anjanette H. Raymond* Published: July 2007 Jurisdiction: International Topics: Commercial Disputes Confidentiality Lex Mercatoria International Institutions and Rules Description: I. INTRODUCTION International commercial law has at its heart the...
...Arbitral Tribunal Comprehensive Agreement on Investments Confidentiality Confidentiality and Publication Consolidation of Proceedings Contents of the Arbitration Agreement Contract Interpretation Contractual Expansion or Limitation of Judicial Review Contractual or Consensual...