Final Thesis - Confidentiality in International Arbitration - Is it an Accepted Principle, and if so, Should the Model Law Regulate it.pdf (1.95 MB)
Confidentiality in International Commercial Arbitration: Is it an Accepted Principle, and if so, Should the Model Law Regulate it?
thesisposted on 2023-06-05, 06:17 authored by CAROLINE MAJELLA KENNY
This thesis examines two research questions: first, whether confidentiality in international commercial arbitration (‘ICA’) is an ‘accepted principle’, and second, if the answer to the first question is positive, whether confidentiality should be regulated by the United Nations Commission on International Trade Law (‘UNCITRAL’) Model Law on International Commercial Arbitration (1985), with amendments adopted in 2006 (‘Model Law’) and how such a provision would be framed. To place the questions in context, there is empirical evidence that confidentiality is expected by users of ICA but despite this expectation there appears to be no uniform approach on confidentiality in national laws and institutional rules.