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Vol 21 No 10 Oct/Nov 2016

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The Rise of Transparency in International Arbitration

Edited by: Alberto Malatesta, Rinaldo Sali

ISBN13: 9781937518233
Published: June 2013
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: £62.50



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The Rise of Transparency in International Arbitration is inspired by a joint research conducted in the last years by the Milan Chamber of Arbitration and the Law School of the University Carlo Cattaneo–LIUC, Castellanza, in Italy.

The two bodies have shared a common concern in order to increase the use of international commercial arbitration and to develop a proper culture in the field: the need for enhancing transparency and especially for a wider dissemination of arbitral awards.

The advantages of arbitration as the main alternative means of dispute resolution are well known and undisputed. Privacy and confidentiality are among them and at the same time among the prevailing features of any arbitral proceedings. However, sometimes users have the feeling to deal with a close and too slow-growing world. The need, if not the request, for a greater accountability of the arbitral world in the whole is more and more widespread.

In this context the aim of this book is on the one hand to spur discussion and to shed new light on the traditional idea of confidentiality in international commercial arbitration (and in some other figures alike). Although this idea is sometimes founded upon sound reasons that cannot be ignored or totally set aside, it must be reconsidered by taking into account the rise of transparency.

On the other hand, a specific proposal is made in order to step ahead from the current situation, with particular reference to the issue of the publication of the awards. In this respect, the main outcome is the Guidelines for the Anonymous Publication of Arbitral Awards, already adopted and experienced by the Milan Chamber. They are addressed to institutions, practitioners, scholars with the goal to favor the circulation of the awards and of the related decisions.

Subjects:
Arbitration and Dispute Resolution
Contents:
ABOUT THE EDITORS
ABOUT THE CONTRIBUTORS
PREFACE
FOREWORD - Fausto Pocar
INTRODUCTION
Balancing Confidentiality and Transparency - Stefano Azzali
CHAPTER 1
Presenting the Guidelines for the Publication of Arbitral Awards: Aiming to the Circulation of a Solid Arbitral Case Law - Paolo Comoglio and Chiara Roncarolo
Annex: Guidelines for the Anonymous Publication of Arbitral Awards
CHAPTER 2
Confidentiality in International Commercial Arbitration - Alberto Malatesta
CHAPTER 3
Precedent and Confidentiality in International Commercial Arbitration: The Case for the Publication of Arbitral Awards - Alexis Mourre
CHAPTER 4
Transparency and Confidentiality: How and Why to Publish Arbitration Decisions - Rinaldo Sali
CHAPTER 5
Users Need More Transparency in International Arbitration - Michael Mc Ilwrath and Roland Schroeder
CHAPTER 6
The ICSID Approach to Publication of Information in Investor-State Arbitration - Meg Kinnear, Eloïse Obadia and Michael Gagain
CHAPTER 7
Confidentiality in the 2012 ICC Rules of Arbitration - Andrea Carlevaris
CHAPTER 8
Confidentiality in the Milan Chamber of Arbitration Rules - Benedetta Coppo
APPENDICES
Appendix A: ILA (International Law Association) Recommendations on ‘Confidentiality in International Commercial Arbitration&rsquo
Appendix B: Bibliography on Confidentiality in Arbitration [Edited by the Studies and Documentation Centre of the Milan Chamber of Arbitration]
INDEX