Study On The Confidentiality In International Commercial Arbitration

Confidentiality is usually perceived as one of the important advantages in international commercial arbitration. Although it is not the main reason for the parties choose to arbitrate in international commercial disputes, it is absolutely a significant factor the parties have to consider. In practice, many parties in case of international commercial arbitration spoke highly of the confidentiality in arbitration, and believe it can give the parties greater confidence to choose the arbitration as an dispute resolution. In recent years, although the provisions of arbitral rules and legislation on confidentiality in international commercial arbitration have increased, there are still many differences in the legislative and judicial practice of each countries resulted many problems in the practical application. Therefore, studying on the confidentiality of international commercial arbitration has important theoretical and practical significance.This article mainly through the method of comparative analysis to study the question of confidentiality on international commercial arbitration in four parts.This chapter first through comparative analysis of these two concepts of confidentiality and privacy to explain the signification of confidentiality, and then explores the practical significance of its existence. Chapter II of the article discusses the sources of law and judicial practice of confidentiality in international commercial arbitration. First in terms of two aspects of national laws and arbitral rules to has a comprehensive awareness and understanding on the sources of confidentiality. Then through analysing some classic cases in several major countries to sum up the position and attitude of them on confidentiality in international commercial arbitration.Chapter III discusses the connotations of confidentiality in international commercial arbitration. It’s brings the question of confidentiality specific to confidentiality obligation, chiefly revolves to analyse confidentiality obligation’s legal nature, scope, subject, limitations and exceptions, relief, enforcement and lifespan in detail. Then indicates that the confidentiality in international commercial arbitration exists, but not absolute. In certain circumstances, it will be excluded.The Last part is a reflection on confidentiality in international commercial arbitration. This section first propose the problems of confidentiality in international commercial arbitration and put forward some feasible suggestions around these problems, and considers it is better to conclude express agreement at some point prior to or during the arbitration to avoid caused more disputes. Finally settled on the Enlightenment of the confidentiality of international commercial arbitration.Through the analysis of the status quo of confidentiality in our country to make some suggestions, for example, should adhere to the confidentiality in international commercial arbitration, the establishment of the confidentiality exception to the rule system and so on.