Disss LITERATURE REVIEW

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LITERATURE REVIEW

1. International Arbitration and International Law:1


This article author tries to explain the importance of International Arbitration in
International Law. Whereby he started the article by explaining the concept of arbitration
and how International Arbitration helps in making some laws universal. The paper is
divided in Six sections. The first being an introduction to second focusing on the
Fragmentation or the division of International law in different jurisdiction and their
different way of dealing with the issues, such as in matters of International Human Rights
law. The author also focused on the strategies made by the strong countries to dominate
the other nations and how they control every law but thereafter he elaborates how
International Arbitration makes laws in informal way to govern every nation single
handedly. The third part deals with how Informal law making at the International level
take place as there are different law followed in different jurisdiction so based on various
general obligations laws are made. The fourth part talks about the laws which are
recognized at the International Level to promote harmony and it also specifies that
International Arbitration is one of them, as in these countries can make laws according to
their values and recognition depends on the parties to contract. The fifth part deals with
the contribution of International Arbitration in process of promoting efficiency in
International Law as by guiding all the nations informally as how to solve the disputes by
involving the courts and by maintaining the relations between each other(parties) or
nations. In sixth part author concludes by saying International Arbitration is indeed an
Institution which enhances the capabilities of International law for dealing on specific
matters.
The Author as a gap. Just focused on International Arbitration capabilities and not
focused on the procedure or how the matter of jurisdiction is solved. In all, he just
focused on the cream layer which is the benefits but did not explained the how these
benefits help the nations Individually.

2. Confidentiality in International Commercial Arbitration:


The author in this article intends to elaborate the importance of confidentiality in
International Commercial Arbitration. The second section of this article deals with the
conflict which arise between the transparency and confidentiality as to the limit of
transparency keeping the value of confidentiality as a priority. Under this author tries to
put across the question about who can judge the transparency, and says arbitrator should
decide due thing with respect to the governing law, morals. The third section addresses
the importance of confidentiality, explains the major reason of parties to choose ICA is
the clause of confidentiality. Section also reflected some of International Instrument
which deals with crux of ICA and the clause of confidentiality. In Section 4 author shifts
the focus from importance to the recognition of confidentiality clause and different
interpretation of the same in different jurisdiction. In Section 5 and 6 authors tried to
focus on various type of agreement which governs the confidentiality clause besides this
it also covered the parties which are obligatory to maintain the confidentiality. Section 7

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https://www.academia.edu/44694393/International_Arbitration_and_International_Law

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