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Download Confidentiality in Arbitration: The Case of Egypt by Mariam M. El-Awa PDF

By Mariam M. El-Awa

This e-book addresses the difficulty of privateness and confidentiality within the broader context of the Egyptian criminal process. the amount opens with an summary of the most important ways to confidentiality followed in a number of jurisdictions. It is going directly to learn the tasks of confidentiality and privateness in arbitration legislations and perform at the foundation of interviews with 30 legislations professors and practitioners who frequently act as arbitrators or information for events in arbitral disputes including the correct Egyptian arbitration legislations provisions.

The booklet takes under consideration the suitable provisions within the arbitration legislation of Syria, Saudia Arabia and Yemen. It strikes directly to discover the relation among arbitration and the judicial procedure, and the level to which the previous may still borrow its principles from the latter with reference to exposure and the rule of thumb of public trial. ultimately, this e-book appears on the correct to privateness as (a) a constitutional correct, as a possible foundation for a felony accountability of confidentiality in arbitration, and the tasks stemming from this constitutional correct within the quite a few legislation of Egypt, in addition to (b) the limitations imposed at the correct to privateness, particularly these stemming from the constitutional ideas of freedom of speech and freedom of the press.

The major end is that confidentiality does certainly exist in arbitration. notwithstanding, its felony foundation isn't the legislation on arbitration or the arbitration contract. it truly is in reality a corollary of the elemental correct to privateness granted within the Egyptian felony approach to either typical and felony persons.

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European Reinsurance Co. R 1041. 117 Ibid, at para 20. 118 Toulson and Phipps (2006, para 22-104, p. 413). J. giving the leading judgment in the matter of the City of Moscow v. B. 207, at [2]. 120 For comprehensive analysis of the above listed judgments and others decided by English courts see: Tackaberry and Marriott (2003, pp. ), Toulson and Phipps (2006, pp. ), Brown (2001, pp. 977–978 and 981–985), Kouris (2005, pp. ), Robb (2004, pp. 3–32), Seriki (2006, pp. ), Collins (1995, pp. ), Fortier (1999, p.

The injury is caused by a third party, often a governmental authority…151 The discussion in investment arbitration touches on both Privacy and confidentiality, mainly regarding third parties participation in the arbitral proceedings and publication of investment arbitration awards. Cameron Murphy wrote that the “antiquated principles of confidentiality and secrecy [are] only relevant to private commercial disputes, not to disputes involving State parties acting in their sovereign capacity”152 The key reason behind this dialogue is the public interest element which is invariably present in every investment arbitration case.

2004, para 1-56, p. 34). Paulsson and Rawding (1995, p. 303). 150 ICSID is the International Centre for Settlement of Investment Disputes. 151 Paulsson (1995, p. 255). 152 Murphy (2013, p. 185). 154 Accordingly, the public should have the opportunity to take part in, or at least witness, the proceedings and finally to know of the outcome of the arbitration process. 1 Amicus Submissions—Investment Arbitration Cases The arbitral tribunal in the cases of Methanex Corporation v. United States155 and UPS v.

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