Study On The Confidentiality Of International Commercial Arbitration

Confidentiality of international commercial arbitration are different from the Privacy of international commercial arbitration in the object, the extent of recognition and the level of protection, but the Privacy of international commercial arbitration is On the basis of confidential, the two together contribute to efficient resolution of disputes. Although the current system of international commercial arbitration confidentiality may not be conducive to the formation of international commercial practice, and also may not help the development of international commercial arbitration itself, it is a barrier of the public know about the arbitration and fairness of the arbitration and adversely affect the efficiency. if we use this system, there will be no way to equal protection of the parties, and even give a misleading for clients who want to select the dispute resolution, the consequences of violation of confidentiality obligations by the parties are not the same..... These are weakness of the international commercial arbitration confidentiality system, but it is after all meet the parties'psychological expectations to resolve the dispute through arbitration, and because of the confidential nature of the system of dispute settlement to create a relaxed atmosphere, to a certain extent, to high the efficiency of arbitration.with these advantages, the confidentiality of international commercial arbitration system we inherit and carry forward, we should modified and continue to play its vitality.The improvements of the Confidentiality in international commercial arbitration system mainly to seize the principles of the public with cases involving public interest, protect the privacy and trade secrets for parties, work hard in the arbitration rules of the organization, Designed in advance the terms of confidentiality between the parties the contract of confidentiality between the parties and others, parties can choose them to better protect the confidentiality, but also promote the development of international commercial arbitration in this industry, Enhance their competitive compared to other dispute resolution. In order to reduce the evils of confidentiality, I recommended the establishment of an arbitral award public system, Publish the arbitration awards immediately in case the parties agree, disclosure the award which omitted the information of the parties monthly, the original text of all awards would be posted at the beginning of each year, make the award involving significant public interest known to public as soon as possible, public the award when the special proof conditions were met, all of these together constitute the open system of International commercial arbitration awards, the system not only beneficial to the development of international commercial arbitration itself, but also promote the international commercial exchanges, Because this system can better meet the needs of the parties and the public.