Confidentiality in Enforcement Phase of International Arbitration

Starting from the decision in Moscow v. Bankers Trust[2005]Q.B. 207 (CA (Civ Div), the desire and, often,the need to preserve confidentiality in theenforcement phase proceedings in internationalcommercial arbitration became a reality. This bookargues, that even though the provisions of theArt.6(1) of the European Convention on Human Rightsand similar provisions of the other internationalhuman rights-related instruments, calling for thepublic hearing and public pronouncement of any statecourt judgment, might be applicable to theenforcement phase of international commercialarbitration, there are ways to escape or minimize thespread of information to the public, available to theparties opting for the preservation of their data.Defining the risky areas, where exposure to publicmight be unavoidable and making practicalrecommendations on how to exclude or restrict anunwanted publicity over arbitral awards, this bookshall be useful to practitioners involved inassisting confirmation or recognition and enforcementof arbitral awards, current and prospective partiesto such proceedings, as well as members of legalacademia, working on the related dilemmas.

Autorentext
LL.M, S.J.D. Candidate in International Commercial Arbitration(Central European University), LL.B., Specialist in Law (NationalUniversity of Kyiv-Mohyla Academy,Ukraine), Coach of the Vis MootTeam. Focus areas: international commercial arbitration,international sales, business law developments in CIS states,legal teaching methodology.

Klappentext
Starting from the decision in Moscow v. Bankers Trust [2005] Q.B. 207 (CA (Civ Div), the desire and, often, the need to preserve confidentiality in the enforcement phase proceedings in international commercial arbitration became a reality. This book argues, that even though the provisions of the Art.6(1) of the European Convention on Human Rights and similar provisions of the other international human rights-related instruments, calling for the public hearing and public pronouncement of any state court judgment, might be applicable to the enforcement phase of international commercial arbitration, there are ways to escape or minimize the spread of information to the public, available to the parties opting for the preservation of their data. Defining the risky areas, where exposure to public might be unavoidable and making practical recommendations on how to exclude or restrict an unwanted publicity over arbitral awards, this book shall be useful to practitioners involved in assisting confirmation or recognition and enforcement of arbitral awards, current and prospective parties to such proceedings, as well as members of legal academia, working on the related dilemmas.