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Confidentiality in Arbitration - The Case of Egypt (Paperback, Softcover reprint of the original 1st ed. 2016)
Loot Price: R3,620
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Confidentiality in Arbitration - The Case of Egypt (Paperback, Softcover reprint of the original 1st ed. 2016)
Series: Ius Gentium: Comparative Perspectives on Law and Justice, 56
Expected to ship within 10 - 15 working days
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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 in arbitration, 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.
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