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SM ISO690:2012 LAZĂR, Diana. The Confidentiality of the Arbitration Process and its Restrictions. In: 3rd Central and Eastern European LUMEN, 8-10 iunie 2017, Chişinău. Chișinău, Republica Moldova: Editura LUMEN, 2017, pp. 135-137. ISBN 978-973-166-461-3. |
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3rd Central and Eastern European LUMEN 2017 | ||||||
Conferința "3rd Central and Eastern European LUMEN" Chişinău, Moldova, 8-10 iunie 2017 | ||||||
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Pag. 135-137 | ||||||
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One of the central advantages of the arbitral procedure of dispute resolution is the confidentiality principle, aside with the rapidity, professionalism and objectivity. The principle of confidentiality is regulated in most of the arbitration rules of the permanent arbitration institutions, including the art.3-4, 16 of the Regulation of the Court of International Commercial Arbitration of the Moldovan Chamber of Commerce and the art.2 and 15 of the Rules of the International Commercial Arbitration by the American Chamber of Commerce in Moldova. International treaties and national laws related to arbitration don‘t regulate explicitly the confidentiality principle of international arbitration. The main treaty on the international efficiency of the arbitral awards, the New York Convention on the recognition and enforcement of the foreign arbitral awards from 1958, leaves the mission of regulating the confidentiality rule in the arbitral process. But, does this mean an unveiling of the confidentiality rule, as during the recognition and enforcement procedure many of the case details may be brought to publicity, affecting the confidentiality objective that convinced the parties to sign the arbitral convention, and derogate from the state judicial system. In Moldova, the law requires the judge to inform the Ministry of Justice and the National Bank if any financial institution is referred or affected by the arbitral award. Despite that such rule is acceptable in accordance to the New York Convention, from the confidentiality rule perspective, such rules impose a publicity character to the arbitrated case. A balance shall be found between state interests and the arbitration procedure principles. |
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Cuvinte-cheie confidentiality, arbitration, enforcement of foreign arbitral awards, etc, confidenţialitate, arbitraj, arbitraj commercial internaţional, recunoaşterea şi executarea sentinţelor arbitrale străine, etc |
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