عنوان المقال عربي
الثقافات القانونية: الصراع بين السرية والإفصاح عن أحكام التحكيم التجاري الدولي: تقييم نقدي للاتجاهات المتضاربة
Abstract
Confidentiality is one of the most important requirements in the arbitration process and is usually referred to as one of the advantages of international commercial arbitration. Confidentiality can be considered in many respects, but this study will examine the final aspect of confidentiality, i.e. the issue of whether or not to disclose an arbitral award. Where the systematic publication of international commercial arbitration decisions was a violation of confidentiality and an undermining of the arbitral process. However, in the opposite direction, the publication of arbitration decisions served as a basis for the development of arbitration and the substantive areas of the law, and therefore the issue remained a fertile ground for conflict of opinion. Therefore, the study seeks to demonstrate the effective approach that is compatible between the two conflicting tendencies and recommend adopting this approach in the field of international trade after the arbitration institutions adopt it to enhance the role of international commercial arbitration as an ideal way to settle disputes.
Keywords
Arbitral award, international commercial arbitration, arbitral award, confidentiality, disclosure
Recommended Citation
Taleb, nizam Jabaar
(2025)
"Legal Cultures Conflict Between Confidentiality and Disclosure of International Commercial Arbitration Awards: A Critical Evaluation of Conflicting Trends,"
Uruk for Humanities: Vol. 11:
Iss.
2, Article 25.
Available at:
https://muthuruk.mu.edu.iq/journal/vol11/iss2/25
