As the major method for alternative dispute resolution, arbitration is widely usedin international commercial transactions. Among reasons for choosing arbitration asdispute resolution, the parties always mention that the arbitration proceeding isconfidential. However, the parties mistake confidentiality obligation for privacy inarbitration, which makes them underestimate the risks exiting in arbitration. Scholarsat home and broad have studied the confidentiality obligation from the perspective ofcases and history, illustrating the development and current condition of confidentialityobligation around the world. Nonetheless, there are few studies focusing on theelements of confidentiality obligation and its content. Therefore, this thesis willanalyze the major elements of the confidentiality obligation and put forwardsuggestions given the problems and situations met in international commercialarbitration, with the desire that the confidentiality obligation will be effectively set upand serve for the benefits of the parties in China.This thesis is divided into three chapters. Starting from the discussion of whetherobligation of confidentiality should be independent of privacy in internationalcommercial arbitration, this thesis illustrates the theory of confidentiality obligationand discusses the problems in the enforcement situation.The first chapter explains whether confidentiality obligation is different from the privacy principle in arbitration, and whether it is an independent obligation. It pointsout that the independence of confidentiality obligation has its unique value afterreviewing the development of confidentiality and privacy.The second chapter analyzes the major elements of confidentiality, including thecreation, subject, content, scope and exception, and remedy of the obligation.The third chapter rethinks the practice and makes some suggestion based on thetheory above. By comparing the practice at home and broad, this chapter reviews therealistic problem in practice and puts forward some proposals, with the hope that itcan well protect the parties in international business transactions. |