Do conflito entre a publicidade e a confidencialidade na arbitragem

• Autor(a) principal: Gonçalves, Maria Margarida Arêlo Manso
• Data de Publicação: 2018
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/56910
• topic: arbitragem; publicidade; confidencialidade; sentenças arbitrais; arbitration; publicity; confidenciality; arbitration awards; Direito

The present study represents my final stage as a master’s student in Forencisc Law and Arbitration by the Faculdade de Direito da Universidade Nova de Lisboa and is the result of the work that I did, between the months of September 2017 and February 2018, in the Civil and Mercantile Court of Arbitration. Besides the privilege of being able to work as an intern in a worldwide arbitral instuition of reference, I also had the opportunity to analyse and reflect on several important and controversial subjects of arbitration matters, with incidence in the problem with the conflict between publicity/confidentiality present in the arbitral procedures (which I will deal with in depth in the scope of this report due to the interest that raised in me). The first part of this study will start to characterize the Civil and Mercantile Court of Arbitration as an arbitral institution, in which will be deepened the principal characteristics and procedures that surround this institution and the importance of the confidentiality. The work developed by me will also during this five months will also be covered. In the second part, we will analyse the main consequences that emerge from the publicity/confidentiality system of the arbitral procedures and awards, taking always in account the importance and the way that the due process reveals particularly in this plan and making a way between the reality of our arbitral courts and the state courts with the help of Comparative Law and jurisprudential examples.