The doctrine of confidentiality in arbitral proceedings and its implementation to the Tanzanian arbitration system
Master Thesis
2014
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University of Cape Town
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Confidentiality has been regarded as an essential attribute of arbitration over litigation due to its “private and confidential” nature in arbitral proceedings. Such attribute of arbitration has been subject to debates over recent years from different scholars in the world of arbitration. Two common law jurisdictions have been the result of such debates. The United Kingdom (England) who has for decades assumed the existence of an implied obligation of confidentiality in its arbitration proceedings while Australia has rejected such an implied obligation and have held that confidentiality is not an essential attribute of arbitration. In Tanzania, the current arbitration laws are silent with respect to confidentiality provisions and there seems to be no literature or any article written on the subject matter. This dissertation therefore aims to introduce the doctrine of confidentiality in Tanzania by examining the two common law approaches case-to-case basis and to show how a developing nation like Tanzania could implement one or combination of the different approaches into its arbitration system. Chapter 1 introduces the doctrine of confidentiality in arbitral proceedings by examining how different scholars have interpreted the concept and by distinguishing the doctrine from privacy. This chapter also covers the nature of confidentiality in arbitral proceedings and the main actors involved in preserving the confidentiality obligation in the arbitral process. Chapter 2 provides for an overview of the arbitration system in Tanzania as well covering the position of the doctrine in its arbitration proceedings. Chapter 3 gives a comprehensive overview of the doctrine of confidentiality in both England and Australia and its implementation to the Tanzanian arbitration system. Chapter 4 concludes and provides for recommendations with further research to be carried out on the doctrine of confidentiality in Tanzania in case of a future arbitration dispute arises on the subject matter.
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Borhara, P. 2014. The doctrine of confidentiality in arbitral proceedings and its implementation to the Tanzanian arbitration system. University of Cape Town.