Confidentiality in Enforcement Phase of International Arbitration
Balancing the Will of the Parties to Keep Arbitration Confidential Against the Globally Recognized Fair Trial Standards
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Starting from the decision in Moscow v. Bankers Trust[2005]Q.B. 207 (CA (Civ Div), the desire and, often,the need to preserve confidentiality in theenforcement phase proceedings in internationalcommercial arbitration became a reality. This bookargues, that even though the provisions of theArt.6(1) of the European Convention on Human Rightsand similar provisions of the other internationalhuman rights-related instruments, calling for thepublic hearing and public pronouncement of any statecourt judgment, might be applicable to theenforcement phase of international commercialarbitration, there are...
Starting from the decision in Moscow v. Bankers Trust[2005]Q.B. 207 (CA (Civ Div), the desire and, often,the need to preserve confidentiality in theenforcement phase proceedings in internationalcommercial arbitration became a reality. This bookargues, that even though the provisions of theArt.6(1) of the European Convention on Human Rightsand similar provisions of the other internationalhuman rights-related instruments, calling for thepublic hearing and public pronouncement of any statecourt judgment, might be applicable to theenforcement phase of international commercialarbitration, there are ways to escape or minimize thespread of information to the public, available to theparties opting for the preservation of their data.Defining the risky areas, where exposure to publicmight be unavoidable and making practicalrecommendations on how to exclude or restrict anunwanted publicity over arbitral awards, this bookshall be useful to practitioners involved inassisting confirmation or recognition and enforcementof arbitral awards, current and prospective partiesto such proceedings, as well as members of legalacademia, working on the related dilemmas.
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