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Confidentiality and third party participation in international investor-state arbitration
The contractual nature of arbitration as a form of alternative dispute resolution in the context of cross-border/international disputes traditionally emphasises confidentiality as one of the fundamental characteristics of international arbitration. Confidentiality is often assumed to be a common fea...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2015
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| _version_ | 1867611348572045312 |
|---|---|
| access_status_str | Open Access |
| author | Awojobi, Adeola Falilat |
| author2 | Bosman, Lise |
| author_browse | Awojobi, Adeola Falilat Bosman, Lise |
| author_facet | Bosman, Lise Awojobi, Adeola Falilat |
| author_sort | Awojobi, Adeola Falilat |
| collection | Thesis |
| description | The contractual nature of arbitration as a form of alternative dispute resolution in the context of cross-border/international disputes traditionally emphasises confidentiality as one of the fundamental characteristics of international arbitration. Confidentiality is often assumed to be a common feature and advantage of international commercial arbitration, and the privacy of arbitral proceedings has facilitated and encouraged recourse to arbitration. However, the issue of confidentiality has a different dimension and is limited in the context of international investment and trade disputes. The participation of States, State entities, sub-divisions and agencies in international disputes shifts the emphasis from privacy and confidentiality to transparency and accountability. This study analyses the role of confidentiality in investor-State arbitration, noting that confidentiality is not always preserved in many respects and stages throughout the arbitration proceedings. The paper considers the issues that challenge the legal effectiveness of confidentiality in international investor-State arbitration and the development towards transparency. In particular, the paper examines the participation of non-disputing/third parties in investor-State arbitration, the different approaches of major arbitral institutions towards the issue of confidentiality, and the arguments for and against confidentiality in relation to transparency. It concludes by making recommendations in the context of the development of investor-State arbitration. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/15187 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/15187 Confidentiality and third party participation in international investor-state arbitration Awojobi, Adeola Falilat Bosman, Lise Commercial Law The contractual nature of arbitration as a form of alternative dispute resolution in the context of cross-border/international disputes traditionally emphasises confidentiality as one of the fundamental characteristics of international arbitration. Confidentiality is often assumed to be a common feature and advantage of international commercial arbitration, and the privacy of arbitral proceedings has facilitated and encouraged recourse to arbitration. However, the issue of confidentiality has a different dimension and is limited in the context of international investment and trade disputes. The participation of States, State entities, sub-divisions and agencies in international disputes shifts the emphasis from privacy and confidentiality to transparency and accountability. This study analyses the role of confidentiality in investor-State arbitration, noting that confidentiality is not always preserved in many respects and stages throughout the arbitration proceedings. The paper considers the issues that challenge the legal effectiveness of confidentiality in international investor-State arbitration and the development towards transparency. In particular, the paper examines the participation of non-disputing/third parties in investor-State arbitration, the different approaches of major arbitral institutions towards the issue of confidentiality, and the arguments for and against confidentiality in relation to transparency. It concludes by making recommendations in the context of the development of investor-State arbitration. 2015-11-21T09:37:58Z 2015-11-21T09:37:58Z 2015 Master Thesis Masters LLM http://hdl.handle.net/11427/15187 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Commercial Law Awojobi, Adeola Falilat Confidentiality and third party participation in international investor-state arbitration |
| thesis_degree_str | Master's |
| title | Confidentiality and third party participation in international investor-state arbitration |
| title_full | Confidentiality and third party participation in international investor-state arbitration |
| title_fullStr | Confidentiality and third party participation in international investor-state arbitration |
| title_full_unstemmed | Confidentiality and third party participation in international investor-state arbitration |
| title_short | Confidentiality and third party participation in international investor-state arbitration |
| title_sort | confidentiality and third party participation in international investor state arbitration |
| topic | Commercial Law |
| url | http://hdl.handle.net/11427/15187 |
| work_keys_str_mv | AT awojobiadeolafalilat confidentialityandthirdpartyparticipationininternationalinvestorstatearbitration |