Confidentiality in International Commercial Arbitration: A Comparative Analysis of the Position Under English and Tanzanian Law

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Date

2012

Journal Title

Journal ISSN

Volume Title

Publisher

Journal of African and International Law

Abstract

This study focusses on the duty of confidentiality in international commercial arbitration in the legal systems of England compared with the situation in Tanzania. Although confidentiality is one of the essential features of arbitration, confidentiality in arbitration is not always guaranteed and its status brings problems in different countries. Therefore, the author critically analyses the extent to which the duty of confidentiality in international commercial arbitration is applied in various countries, particularly in England and Tanzania. In so doing, decided cases, various institutional rules for arbitration are also reviewed for their treatment of confidentiality. These countries have been chosen because they share a common legal system, that is, common law.
This study focusses on the duty of confidentiality in international commercial arbitration in the legal systems of England compared with the situation in Tanzania. Although confidentiality is one of the essential features of arbitration, confidentiality in arbitration is not always guaranteed and its status brings problems in different countries. Therefore, the author critically analyses the extent to which the duty of confidentiality in international commercial arbitration is applied in various countries, particularly in England and Tanzania. In so doing, decided cases, various institutional rules for arbitration are also reviewed for their treatment of confidentiality. These countries have been chosen because they share a common legal system, that is, common law.

Description

Keywords

International arbitration, International Law Commercial Law Confidentiality, International arbitration, International Law Commercial Law Confidentiality

Citation

Tegamaisho, P. (2012). Confidentiality in international commercial arbitration: a comparative analysis of the position under English and Tanzanian law. Journal of African and international law, 5(2), 381-451.