Arbitration is the most popular form of alternative dispute resolution. Of the
reasons for arbitration’s leading position as a means of alternative dispute resolution,
at least in an international commercial context, is the presumption of the
principle of confidentiality entailed in it.
This monograph is a comparative study of the doctrine of confidentiality in
international commercial arbitration in the legal systems of England, the USA,
Germany and France. The undertaking of the current work has been considered
essential due to the central role of confidentiality in arbitration, alongside the fact
that confidentiality is not always preserved and the fact that its protection is often
problematic in many respects and in many stages throughout the arbitration proceedings.
The purpose of this book is to analyse comparatively, critically discuss
and assess the role and the problematic areas of confidentiality in international
commercial arbitration, in the legal systems of England, the USA, Germany and
France, and to propose ways to overcome the problems encountered in the light of
the wider spread and strengthening of the role of arbitration worldwide as a
powerful means of alternative dispute resolution.