Naslov (eng)

From confidentiality to transparency in business contracts concluded by a state

Autor

Perović, Jelena
Jovanović, Marko

Opis (eng)

Abstract: This paper analyses the issue of confidentiality in international business contracts concluded by a state and explores the shift from confidentiality to transparency emerging in recent years. Confidentiality obligation may be established with respect to information arising out of or connected to the contract, or with respect to the elements of the dispute settlement mechanism. While the principle of confidentiality still predominantly governs the information arising out of or connected to the contract, the dispute settlement system gradually becomes much more permeable to the principle of transparency. This is particularly true for the treatybased investor-state arbitration, whose legal framework has undergone significant changes over the last decade. The reason for the emergence of the principle of transparency in international business contracts concluded by a state lies in greater public interest. Still, confidentiality obligation is most often included in international business contracts concluded by a state by free will of contracting parties, and the parties to the contract are encouraged to use this possibility. To that effect, they may find model confidentiality clauses and model contracts prepared and published by international organisations particularly useful.

Jezik

engleski

Datum

2018

Licenca

© All rights reserved

Predmet

Keywords: confidentiality; transparency; international business contracts; confidentiality clause; non-disclosure agreement; dispute settlement

Deo kolekcije (1)

o:28218

Ekonomski fakultet