Thursday, September 28, 2006

Protection of Confidentiality of an Arbitration in Switzerland

Confidentiality, for a long time presented as one of the advantages of international arbitration over litigation, has not been assumed to be automatically applicable since 1995, when the decision of the High Court of Australia in Esso v. Plowman was largely publicized and hotly debated (such decision was followed by the Swedish Supreme Court’s decision on Bulgarian Foreign Trade Bank v. A.L. Trade Finance, in the year 2000).

Confidentiality is still pretty much a controversial topic, and should not be taken for granted by arbitration practitioners (if you read Portuguese, you may want to read here a short newspaper article that I published last August).

Today, a Swiss practitioner has published an article about the confidentiality of Swiss Supreme Court's review of arbitral awards issued in that country. You can read the article International Law Office Website or at Mondaq (you may need to register in either Website).

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