Overview
- Is the first to approach the subject from a broader perspective than arbitration
- Validates the proposition that “arbitration is confidential”
- Offers original insights into the practice and the legal thought prevailing in the arbitration community
- Covers jurisdictions that have not been addressed in other works
- Includes supplementary material: sn.pub/extras
Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 56)
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Table of contents (4 chapters)
Keywords
- Arbitration in Egypt
- Constitutional Protection
- Egypt's Constitution
- The Egyptian Legal System
- Confidentiality and Privacy in Arbitration
- Duty of Confidentiality
- Investment Arbitration
- Amicus Submissions
- Right to Privacy
- Sanctity of Private Life
- Freedom of Expression
- Public Trial
- Deliberations and Dissenting Opinions
- Arbitration in Syria
- Arbitration in Yemen
- Arbitration in Saudi Arabia
About this book
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 inarbitration, 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.
Authors and Affiliations
About the author
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.
Bibliographic Information
Book Title: Confidentiality in Arbitration
Book Subtitle: The Case of Egypt
Authors: Mariam M. El-Awa
Series Title: Ius Gentium: Comparative Perspectives on Law and Justice
DOI: https://doi.org/10.1007/978-3-319-39122-9
Publisher: Springer Cham
eBook Packages: Social Sciences, Social Sciences (R0)
Copyright Information: Springer International Publishing Switzerland 2016
Hardcover ISBN: 978-3-319-39121-2Published: 14 July 2016
Softcover ISBN: 978-3-319-81823-8Published: 07 June 2018
eBook ISBN: 978-3-319-39122-9Published: 06 July 2016
Series ISSN: 1534-6781
Series E-ISSN: 2214-9902
Edition Number: 1
Number of Pages: X, 222
Topics: Private International Law, International & Foreign Law, Comparative Law , Dispute Resolution, Mediation, Arbitration, Public Law