Practice Of International Commercial Arbitration Research Articles

Confidentiality in International Commercial Arbitration

The issue of confidentiality is key to the successful practice of international commercial arbitration. The confidentiality of arbitration proceedings is a reason for resorting to arbitration, as distinct from litigation.1 It is a collateral expectation of parties to an arbitration that their business and personal confidences will be kept. Despite its central importance, confidentiality cannot be assumed in all jurisdictions. It is therefore critical that arbitrators be fully informed about the legal and policy issues surrounding confidentiality in order to appropriately resolve disputes concerning those aspects of the arbitration that should, or should not, be confidential. It is widely viewed that confidentiality is one of the advantageous and helpful features of arbitration. Nevertheless, there is no uniform answer in national laws as to the extent to which the participants in an arbitration are under the duty to observe the confidentiality of information relating to the case. Moreover, parries that have agreed on arbitration rules or other provisions that do not expressly address the issue of confidentiality cannot assume that all jurisdictions would recognise an implied commitment to confidentiality. Furthermore, the participants in an arbitration might not have the same understanding as regards the extent of confidentiality that is expected. Therefore, the arbitral tribunal might wish to discuss that with the parties and, if considered appropriate, record any agreed principles on the duty of confidentiality. (United Nations Commission on International Trade Law.)2 This article is intended to alert both arbitrating parties and fellow arbitrators to the importance of confidentiality in international commercial arbitration. Drawing on the author's experience, the intent is to share with other arbitrators the complex and sometimes conflicting conceptions of arbitral confidentiality. Sections II and III of the article explore concerns about confidentiality, the conflict between the need for transparent decision-making and to preserve private confidences …

International Commercial Arbitration. A Handbook by Mark Huleatt-Jones and Nicholas Gould

Texts devoted to arbitration law and practice appear to err consistently on the side of scale – the noun ‘tome’ springs to mind. Slimline and intellectually fit texts are not as abundant as might be wished. Introductory texts are a particularly rare species. The present book is an exception to this rarity. It is described as A Handbook by the co-authors, meaning a succinct overview, highlighting the significant features and developments, and presented in such a way as to facilitate ready access by the reader. The co-authors are described as London solicitors with experience in the practice of international commercial arbitration and consequently should be well-positioned to identify the essential characteristics and antecedents of the international commercial arbitral process. To write and analyse in a general light vein on a subject as broad, detailed and various as international arbitration is a challenging task. It is also an exercise so wholly out of harmony with our times, with its emphasis on ever-narrower fields of specialism, even within a discrete category. Notwithstanding the difficulties the authors have produced an effective and clear introductory text.

The Law and Practice of International Commercial Arbitration (Second Edition) by Alan Redfern and Martin Hunter

In dynamic terms English arbitrations can be placed in three groups. First there are domestic arbitrations which range from simple quality disputes to immensely complex construction and engineering disputes. Such arbitrations are almost invariably conducted in accordance with an adversarial procedure. Secondly there is a category of international arbitrations which are by and large conducted like domestic arbitrations. The most prominent examples are shipping, commodities and insurance disputes. Such arbitrations are usually constituted under London arbitration clauses contained in English or internationally used standard form contracts. In such arbitrations the arbitrators and the lawyers are invariably English. Not surprisingly English legal culture pervades such arbitrations. Traditionally the procedure is adversarial. This is a highly successful method of dispute resolution and that accounts for the fact that thousands of arbitration awards of this type are made in London each year. Nevertheless in dynamic terms these are essentially English arbitrations. The third...

Law and Practice of International Commercial Arbitration. By Alan Redfern and Martin Hunter. 2nd edition. [London: Sweet & Maxwell. 1991. lvii, 527, (Appendices) 291 and (Index) 18 pp. Hardback. £120·00 net.

Law and Practice of International Commercial Arbitration. By Alan Redfern and Martin Hunter. 2nd edition. [London: Sweet & Maxwell. 1991. lvii, 527, (Appendices) 291 and (Index) 18 pp. Hardback. £120·00 net.] - Volume 51 Issue 2

Law and Practice of International Commercial Arbitration. By A. Redfern, M. Hunter. [London: Sweet & Maxwell. 1986. xliii + 462 pp. £62

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The Law and Practice of International Commercial Arbitration by Alan Redfern and Martin Hunter

The Law and Practice of International Commercial Arbitration by Alan Redfern Ma (Cantab), FCIArb. and Martin Hunter MA (Cantab), FCIArb. Published by Sweet & Maxwell, London (1986, xliii and 462 pp., incl. Preface, Tables of Contents, Cases and Arbitration Rules, Appendices and Index ). Hardback £64 . The continued evolution of the rules applicable to international commercial arbitration – as seen most vividly in the still recent UNCITRAL Model Law – and the steady expansion of international arbitration as a means for resolving international commercial disputes, amply justify a re-assessment of the state of the art. In Law and Practice of International Commercial Arbitration , two experienced practitioners offer a readable, yet comprehensive, synthesis of the hybrid that is international commercial arbitration: a private process with a public effect. The notable virtue of this treatise is that it manages skillfully to combine exploration of the diversity of the private process with succinct exposition of the public context created by the national laws and international conventions which permit room for imagination (while also fixing the limits). The authors' theme is that, in order to realise international arbitration's potential, practitioners must master its flexibility. This treatise is, though, much more than a ‘how to’ of international arbitration; indeed, Messrs. Redfern and Hunter are most impressive when assessing the variety of the private process precisely in the context of the applicable rules, through discussions which succeed at being both pragmatic and academic. Law and Practice of International Commercial Arbitration presents its subject in nine sections: (1) a lengthy opening introduction, in which the authors introduce the various forms of international arbitration ( ad hoc and institutional, private and quasi-public) and the national laws (most particularly English and Swiss) and international conventions which affect arbitration, and offer as well a refreshingly hard-headed assessment of the advantages and disadvantages of arbitration relative to litigation; (2) a discussion of the applicable law, which concentrates on the options available to parties (and arbitrators) in choosing the governing substantive law; (3) a practical section on the drafting of arbitration clauses, which offers, in addition to a …

Law and Practice of International Commercial Arbitration. By Alan Redfern and Martin Hunter. London: Sweet & Maxwell, 1986. Pp. xliii, 462. US $ 64.00 (cloth). - International Commercial Arbitration in New York. Edited by J. Stewart McClendon and Rosabel E. Everard Goodman. New York; Dobbs Ferry, N.Y.: World Arbitration Institute; Transnational Publishers, 1986. Pp. xv, 326. US $35.00.

Law and Practice of International Commercial Arbitration. By Alan Redfern and Martin Hunter. London: Sweet & Maxwell, 1986. Pp. xliii, 462. US $ 64.00 (cloth). - International Commercial Arbitration in New York. Edited by J. Stewart McClendon and Rosabel E. Everard Goodman. New York; Dobbs Ferry, N.Y.: World Arbitration Institute; Transnational Publishers, 1986. Pp. xv, 326. US $35.00. - Volume 15 Issue 5-6

Law and Practice of International Commercial Arbitration. By Alan Redfern and Martin Hunter [London: Sweet & Maxwell. 1986. xliii, 405, (Appendices) 41 and (Index) 14 pp. Hardback £64·00 net.

Law and Practice of International Commercial Arbitration. By Alan Redfern and Martin Hunter [London: Sweet & Maxwell. 1986. xliii, 405, (Appendices) 41 and (Index) 14 pp. Hardback £64·00 net.] - Volume 46 Issue 2

The Law and Practice of International Commercial Arbitration

The Law and Practice of International Commercial Arbitration