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Book
Confidentiality in Arbitration : The Case of Egypt
Author:
ISBN: 3319391216 3319391224 Year: 2016 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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Abstract

This book addresses the issue of privacy and confidentiality in the broader context of the Egyptian legal system. The volume opens with an overview of the major approaches to confidentiality adopted in various jurisdictions. It goes on to examine the duties of confidentiality and privacy in arbitration law and practice on the basis of interviews with 30 law professors and practitioners who often act as arbitrators or counsel for parties in arbitral disputes together with the relevant Egyptian arbitration law provisions. The book takes into account the relevant provisions in the arbitration laws of Syria, Saudia Arabia and Yemen. It moves on to explore the relation between arbitration and the judicial system, and the extent to which the former should borrow its rules from the latter with regard to publicity and the rule of public trial. Finally, this book looks at the right to privacy as (a) a constitutional right, as a potential basis for a legal duty of confidentiality in arbitration, and the duties stemming from this constitutional right in the various laws of Egypt, as well as (b) the constraints imposed on the right to privacy, in particular those stemming from the constitutional principles of freedom of speech and freedom of the press. The main conclusion is that confidentiality does indeed exist in arbitration. However, its legal basis is not the law on arbitration or the arbitration agreement. It is in fact a corollary of the fundamental right to privacy granted in the Egyptian legal system to both natural and legal persons.

Keywords

Law. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Public law. --- Mediation. --- Dispute resolution (Law). --- Conflict management. --- Private International Law, International & Foreign Law, Comparative Law. --- Dispute Resolution, Mediation, Arbitration. --- Public Law. --- Arbitration (International law) --- Confidential communications. --- Communications, Confidential --- Confidential communications --- Confidential relationships --- Confidentiality --- Privileged communications (Confidential communications) --- Professional secrets --- Secrets, Professional --- Arbitration, International --- International arbitration --- International political arbitration --- Law and legislation --- Confession --- Criminal law --- Evidence (Law) --- Objections (Evidence) --- Personality (Law) --- Professional ethics --- Secrecy --- Privacy, Right of --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- Private International Law, International & Foreign Law, Comparative Law . --- Law --- Conflict control --- Conflict resolution --- Dispute settlement --- Management of conflict --- Managing conflict --- Management --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Dispute processing --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Good offices (Mediation) --- Conflict management --- Dispute resolution (Law) --- Public law . --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Civil law


Digital
Confidentiality in Arbitration : The Case of Egypt
Author:
ISBN: 9783319391229 Year: 2016 Publisher: Cham Springer International Publishing

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Bookmark

Abstract

This book addresses the issue of privacy and confidentiality in the broader context of the Egyptian legal system. The volume opens with an overview of the major approaches to confidentiality adopted in various jurisdictions. It goes on to examine the duties of confidentiality and privacy in arbitration law and practice on the basis of interviews with 30 law professors and practitioners who often act as arbitrators or counsel for parties in arbitral disputes together with the relevant Egyptian arbitration law provisions. The book takes into account the relevant provisions in the arbitration laws of Syria, Saudia Arabia and Yemen. It moves on to explore the relation between arbitration and the judicial system, and the extent to which the former should borrow its rules from the latter with regard to publicity and the rule of public trial. Finally, this book looks at the right to privacy as (a) a constitutional right, as a potential basis for a legal duty of confidentiality in arbitration, and the duties stemming from this constitutional right in the various laws of Egypt, as well as (b) the constraints imposed on the right to privacy, in particular those stemming from the constitutional principles of freedom of speech and freedom of the press. The main conclusion is that confidentiality does indeed exist in arbitration. However, its legal basis is not the law on arbitration or the arbitration agreement. It is in fact a corollary of the fundamental right to privacy granted in the Egyptian legal system to both natural and legal persons.

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