Confidentiality in Arbitration: The Case of Egypt by Mariam M. El-Awa

By Mariam M. El-Awa

This publication addresses the problem of privateness and confidentiality within the broader context of the Egyptian felony process. the quantity opens with an summary of the key ways to confidentiality followed in a number of jurisdictions. It is going directly to learn the tasks of confidentiality and privateness in arbitration legislation and perform at the foundation of interviews with 30 legislations professors and practitioners who usually act as arbitrators or counsel for events in arbitral disputes including the appropriate Egyptian arbitration legislation provisions.

The booklet takes under consideration the proper provisions within the arbitration legislation of Syria, Saudia Arabia and Yemen. It strikes directly to discover the relation among arbitration and the judicial procedure, and the level to which the previous may still borrow its principles from the latter with reference to exposure and the guideline of public trial. eventually, this ebook seems on the correct to privateness as (a) a constitutional correct, as a possible foundation for a felony responsibility of confidentiality in arbitration, and the tasks stemming from this constitutional correct within the a variety of legislation of Egypt, in addition to (b) the limitations imposed at the correct to privateness, particularly these stemming from the constitutional ideas of freedom of speech and freedom of the press.

The major end is that confidentiality does certainly exist in arbitration. in spite of the fact that, its criminal foundation isn't the legislation on arbitration or the arbitration contract. it's in reality a corollary of the elemental correct to privateness granted within the Egyptian criminal process to either typical and criminal persons.

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It cannot be dealt with properly in isolation; with regard to arbitration only, in addition to the difficulty of formulating a general rule in light of the numerous potentially legitimate exceptions to such duty. ” Answers showed great diversion in the public’s views on the matter and illustrated the difficulty surrounding any attempt to draft a provision on confidentiality in the Arbitration Act. 113 As for confidentiality, it was ruled that both parties are 109 It is a committee set up in 1985 and disbanded in 1997.

This is a long standing position in English courts. The Departmental Advisory Committee (“DAC”),109 while acknowledging that privacy and confidentiality are well established principles of English commercial arbitration, it refrained from including a provision on the confidentiality in the, then, arbitration bill. The DAC was concerned that the issue of confidentiality in arbitration is part of the wider topic of protecting confidential information. It cannot be dealt with properly in isolation; with regard to arbitration only, in addition to the difficulty of formulating a general rule in light of the numerous potentially legitimate exceptions to such duty.

Until now, Gulf countries have Egyptian judges acting as state judges in state courts, so even if the law is different from the Egyptian, still it will be interpreted and applied by Egyptian judges based on their knowledge and 40 1 Essential Background understanding of the law, and (4) the Cairo Regional Centre for International Commercial Arbitration is the oldest in the Arab world, under its auspices many of the arbitration cases in the region are resolved, making Cairo the seat and the Arbitration Law of 1994 the lex arbitri.

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