Confidentiality in International Commercial Arbitration
A Comparative Analysis of the Position in England and Tanzania
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This study focuses on confidentiality in international commercial arbitration. This researcher addressed the nature and extent of confidentiality in the legal systems of England and Tanzania, thereby exploring different approaches taken by these countries with regards to confidentiality. A comparative study has been made comparing England position with that of Tanzania. It has been revealed in this study that confidentiality in international commercial arbitration is considered by the parties as the most attractive feature of arbitration as compared with court adjudication. Confidentiality is ...
This study focuses on confidentiality in international commercial arbitration. This researcher addressed the nature and extent of confidentiality in the legal systems of England and Tanzania, thereby exploring different approaches taken by these countries with regards to confidentiality. A comparative study has been made comparing England position with that of Tanzania. It has been revealed in this study that confidentiality in international commercial arbitration is considered by the parties as the most attractive feature of arbitration as compared with court adjudication. Confidentiality is often assumed by commercial parties to be an inherent aspect of an arbitration proceeding, and often influences their choice of arbitration in preference to litigation through the courts. But despite the perceived importance of confidentiality, Tanzania, unlike England, does not protect the duty of confidentiality in the absence of arbitration agreement.
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