Study On The Confidentiality In International Commercial Arbitration

Although there is little agreement as to the confidentiality in international commercial arbitration and the practice and attitudes varies from country to country, the existence of confidentiality in international commercial arbitration is beyond doubt. But what is the definition of confidentiality in international commercial arbitration? What is it worth? What legal bases it relies on? All of them are worth considering seriously. In addition, since the obligation of confidentiality is concreteness to the issue of confidentiality and its major aspects presents the content of confidentiality, it also plays an important role in international commercial arbitration.Therefore, the major aspects which cover the legal nature, the application scope, the subject, the restriction and exception, the remedial measures for breach of the obligation as well as the execution and term of the obligation of confidentiality in international commercial arbitration are analyzed in this thesis. Furthermore, there are still many areas that require improvements in the system of confidentiality in international commercial arbitration for the negative influences and consequences of the implementation of this system that cannot be overlooked, so we must improve the current system to match the increasingly complicated international situation, meet the demands for the international commercial arbitration of the parties under the new environment and enhance the advantage of the arbitration compared with other methods of dispute resolution.The thesis consists of four chapters.Chapter1is an overview of confidentiality in international commercial arbitration. This chapter clarifies the basic concepts of confidentiality in international commercial arbitration. It introduces the status quo of this issue by analyzing the relationship between privacy and confidentiality, the values of confidentiality in international commercial arbitration including maintaining public images and protecting commercial secrets and other sensitive information. Then this chapter discusses the legal foundations of confidentiality in international commercial arbitration mainly from rules of arbitral agencies and laws of sovereign state.Chapter2discusses concrete issues of confidentiality in international commercial arbitration which covers six aspects:first, the legal nature of confidentiality in international commercial arbitration; second, its application scope that involves the existence of arbitration, the materials and information related to arbitration procedure, the arbitral award, all the rules and other resolutions of the arbitral tribunal; third, the subject of obligation of confidentiality in international commercial arbitration; fourth, the restriction and exception of the obligation of confidentiality in international commercial arbitration; fifth, remedial measures for breach of the obligation of confidentiality in international commercial arbitration. Sixth, the Execution and Term of the Obligation of Confidentiality in International Commercial ArbitrationChapter3analyzes the negative influences of confidentiality of arbitration which involves harm to the formation of international commercial practices, impartiality and efficiency of arbitration and negative influences on the public to get information. Then, this chapter discusses the consequences of the implementation of this system such as to provide unequal protections for the two parties, the different influences of the breach of confidentiality to the two parties and impair the initiative of parties to choose arbitration.Chapter4gives suggestions to the improvement of the system of confidentiality in international commercial arbitration. Four methods are provided in this chapter including agreement in a contract, specified in the arbitration rules of arbitration agency, regulated in the law as well as regulated in the international convention. What’s more, this chapter also analyzes how to make a balance between enhancement of the protection and the transparency of the confidentiality in international commercial arbitration. Finally, practical suggestions about the protection of the confidentiality of arbitration are proposed。...