For the panel discussion “Disputes Arising from Arbitration Agreements,” Professor Christoph Henkel addressed the problem of confidentiality in international commercial arbitration, gave illustrations of how international jurisdictions approach confidentiality differently, and offered a solution for the international community’s uncertainty towards confidentiality. Henkel’s recommendations did not, however, address the practical limitations of relying solely on protective drafting. This solution inevitably results in increased transactional costs, and creates further uncertainty. Furthermore, drafting for confidentiality itself could hinder potential litigation.
| Posted by Rebecca Y. Yang on Sun. February 26, 2012 12:00 PM
Categories: Disputes from Arbitration Agreements