The International Law Institute is pleased to announce the new publication of "Confidentiality in International Commercial Arbitration".
The publication is authored by our ILI colleague and associate, Dr. Ileana Smeureanu. The work aims at deciphering the current degree of confidentiality in international commercial arbitration as reflected by the most important arbitration rules, national laws, other arbitration-related enactments, and practices of arbitral tribunals and domestic courts globally.
The book examines the following issues from a comparative perspective:
• Reasons for disclosure – [establishment of a defense; enforcement of rights; public interest or interests of justice, etc.]
• Disclosure by consent, express or implied;
• Circumstances triggering statutory obligation of disclosure;
• Recent trends towards greater transparency in investor-State arbitration;
• Court measures in support of arbitral confidentiality such as award of damages for breach of confidentiality; and
• Categories of persons bound by confidentiality, including third parties such as witnesses and experts.
Dr. Smeureanu then sets forth criteria to assess the breach of confidentiality in international arbitration and the proper rules for protecting or sanctioning such breaches.
Structured along the main stages of the arbitral process, the analysis covers the duty of confidentiality from the initiation of arbitral proceedings through their unfolding to the issuance of the award and after.
In assessing the degree of confidentiality that 'veils' each phase of the arbitral process, this book raises awareness about the various facets and problems posed by confidentiality in arbitration.
Corporate counsel worldwide will quickly prize its more practical value.
The ILI is very pleased to support Dr. Smeureanu's publication efforts and recognizes the importance of this work.
Dr. Smeureanu obtained an SJD degree in International Commercial Arbitration from Central European University; is an ABA Country Representative for Romania; and is co-editor of the International Arbitration Case Law academic project, under Queen Mary, University of London. Ileana has also served as faculty in ILI 's most recent Arbitration for Judges program.
"Confidentiality in International Commercial Arbitration" may be purchased online via Kluwer Law International. [ Order Here ]