Confidentiality and transparency in international arbitration: finding the right balance

dc.contributor.authorIbrahim, Benazir
dc.date.accessioned2021-12-21T20:53:58Z
dc.date.available2021-12-21T20:53:58Z
dc.date.issued2021-01
dc.descriptionInternational arbitration (IA) is a conflict resolution mechanism through which parties agree to refer a conflict to an arbitrator to reach a final and binding solution. IA can be carried out either under institutional rules or ad hoc rules. Institutional regulations provide for pre- existing arbitration regulations and an appointing authority to form an arbitral tribunal and supervise other procedural matters. Ad hoc international arbitration is subject to arbitration arrangements between the parties and the relevant national arbitration legislation. International commercial arbitration (ICA) resulting from trade relations between private parties, and investor-state arbitration (ISDS) resulting from multilateral or bilateral investment treaties between nations, are the two categories of IA discussed in this dissertation. Under both means of arbitration, confidentiality remains a vital element of the proceedings.en_US
dc.description.abstractConfidentiality and Transparency are both cardinal principles of International Arbitration. They are both vital aspects that are required in order to ensure the procedural integrity of the arbitral process is upheld. However, they are seen as opposing principles within the arbitration realm. Confidentiality is seen as one of the main reasons why arbitration is attractive especially to private parties as opposed to litigation. This is due to several reasons such as the need to protect the reputation of businesses, reducing public posturing, protecting sensitive information and several others.en_US
dc.identifier.urihttp://hdl.handle.net/11071/12465
dc.language.isoen_USen_US
dc.publisherStrathmore Universityen_US
dc.titleConfidentiality and transparency in international arbitration: finding the right balanceen_US
dc.typeLearning Objecten_US
Files
Original bundle
Now showing 1 - 1 of 1
Loading...
Thumbnail Image
Name:
Confidentiality and transparency in international arbitration finding the right balance.pdf
Size:
835.92 KB
Format:
Adobe Portable Document Format
Description:
License bundle
Now showing 1 - 1 of 1
Loading...
Thumbnail Image
Name:
license.txt
Size:
1.71 KB
Format:
Item-specific license agreed upon to submission
Description: