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Confidentiality in Arbitration

Confidentiality in Arbitration


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Abstract Acknowledgements Table of Contents Introductory 1. Background 2. Research Objectives 3. Arbitration and the Egyptian Legal System 3.1. The Sources of Law in Egypt 3.2. Arbitration in Egypt - Background 3.3. Arbitration is an Exception 3.4. National and International 4. Confidentiality and Privacy in Arbitration 4.1. Concepts and Definitions 4.1.1. Confidentiality v. 4.1.2. Confidentiality and Privacy as Legal 4.2. Comparative Overview 4.2.1. Jurisdictions Declining to Recognize a Duty of 4.2.2. Jurisdictions Recognizing a duty of Confidentiality in 4.2.3. In Investment Arbitration 4.2.3.1. Amicus Submissions - Investment Arbitration 4.2.3.2. Amicus Submissions - The 2006 Amendments of the ICSID Arbitration Rules 4.2.3.3. A Call for Transparency 4.2.3.4. UNCITRAL Rules on 4.2.4. Confidentiality in Arbitration - The Arab 5. Methodology and Outline Chapter One - Privacy and Confidentiality in Egyptian Arbitration - Law and Practice1. Introduction 2. Confidentiality v. Privacy 3. Privacy of Arbitration Procedure 3.1. Privacy in the Egyptian Law of Arbitration 3.2. The Syrian Position as to 3.3. The Saudi Exception 3.4. Tribal Arbitration in Yemen 4. Consequences of Breach 5. Confidentiality in the Egyptian Legal System 6.1. Confidentiality of Arbitral Awards - Article (44/2) 6.1.1. What Constitutes an Arbitral Award for the Purpose of Article (44/2)? 6.1.2. The Prohibited Act - To Publish 6.2. The Reason why the Law Specifies Arbitral Awards 6.3. Article (44/2) is a Supplementary Provision 6.4. Dissenting Opinions 6.5. The Effect of Recourse to State 6.6. Scholarly Interpretation of Article (44/2) 6.7. Deliberations - Article (40) 6.7.1. The Meaning of Secrecy in Judicial Deliberations 6.7.2. Secrecy of Deliberations in Arbitration 6.7.3. Consequences of Breaching the Secrecy of Deliberations 6.7.3.1. In the Judicial System 6.7.3.2. In Arbitration 6.7.4. Dissent 7. Confidentiality in Practice 8. Conclusion Chapter Two - Privacy and Confidentiality in the Judicial System1. Introduction 2. Arbitration and the Judicial System 3. Arbitrators v. Judges - Similarities and Differences 4. The Right to Public Trial 4.1. Public Trial as a Constitutional Principle 4.2. Public Trial as a Law Provision 4.2.1. Court Hearings - The General Rule 4.2.2. Court Hearings - Exceptions to the General Rule 4.2.2.1. Discretionary Secrecy 4.2.2.2. Mandatory Secrecy 4.2.3. "In Chambers4.2.4. Court Judgements - The general Rule 4.2.5. Court Judgements - Exception to the General Rule 4.2.6. Deliberations 4.2.7. Confidentiality of Preliminary Inquisition 5. ConclusionChapter Three - Confidentiality and Privacy in the Egyptian Legal System1. Introduction 2. The Right to Privacy 3. The Law on the Right to Privacy in Egypt 3.1. Sanctity of Private Life as a Constitutional Principle 
About the Author: Mariam El-Awa is qualified as both an architect (2000) and an attorney-at-law, admitted to practice in Egypt (2009). She is, also, a fellow of the Chartered Institute of Arbitrators, London. Presently she practices law in Cairo, Egypt.She has a PhD from King's College London in Arbitration (2014), and MSc from the Centre of Construction Law and Dispute Resolution at King's College London (2007).Prior to joining the Bar Association in Egypt; she practiced as an architect specializing in tenders and contracts, then as a consultant in arbitration and construction law matters. Her professional practice as an attorney is mainly focused on arbitration both domestic and international, construction law, and contract law in general. She published a number of articles in both English and Arabic on various arbitration related topics. Her research interest extends to Islamic law, ADR in general with particular interest in commercial and investment arbitration, and international law.


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Product Details
  • ISBN-13: 9783319391212
  • Publisher: Springer
  • Publisher Imprint: Springer
  • Edition: 1st ed. 2016
  • Language: English
  • Returnable: Y
  • Spine Width: 14 mm
  • Weight: 557 gr
  • ISBN-10: 3319391216
  • Publisher Date: 14 Jul 2016
  • Binding: Hardback
  • Height: 234 mm
  • No of Pages: 222
  • Series Title: Ius Gentium: Comparative Perspectives on Law and Justice
  • Sub Title: The Case of Egypt
  • Width: 156 mm


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