Arbitration and Confidentiality : illusion or disillusion ?

Details

Supervisors

Philippe, Denis

Faculty

Faculté de droit et de criminologie

Degree label

Master [120] en droit

Abstract

The present thesis adresses the question of confidentiality in the framework of international commercial arbitration. For years, arbitration has been used as an effective alternative dispute resolution method because of its speed and expert arbitrators, but especially because of its private and confidential character. Nowadays, however, one may observe that confidentiality is not clearly defined or acknowledged on the national and international level, neither enshrined in the institutional arbitration rules. In addition, various national courts have denied the principle on several occasions. Accordingly, it seems manifest today that the former believe in the sacrosanct principle of confidentiality has lost its substance. The study is divided into different chapters, addressing the status and legal basis of confidentiality in international arbitration, the sources and judicial perspectives, the scope and extent of confidentiality, the various exceptions to the principle, and its advantages and means of enforcement.