A Study On The Weakening Trend Of The Confidentiality Of Commercial Arbitration

With confidentiality,international commercial arbitration at queen Mary,university of London international arbitration court released "2010 international arbitration investigation: the choice of international arbitration," results,interviewed over one hundred and forty law experts from different countries,with ninety percent of respondents in the survey that the confidentiality of the arbitration is one of the characteristics of its own,even if the rules of the arbitration agreement or of the selected no confidentiality clause,the arbitration still needs to be confidential.However,the evolution of today's judicial practice has impacted this inherent thinking.Britain and France over the years as one of the "arbitration implied confidentiality obligations" advocates of this theory,but now he changed from practice of the theory of attitude,began to emphasize the arbitration confidentiality need to express.However,the United States and Australia hold a consistent attitude,insisting that the confidentiality of arbitration needs to be clearly stipulated by the parties.The confidentiality of international commercial arbitration has been weakening,and various countries have started to elaborate on the exceptions of arbitration secrecy from various aspects.In the first part of the article,the author puts forward that the confidentiality of commercial arbitration is weakening,and there are three reasons for the weakening trend of commercial arbitration.The first is that the trial of arbitration has created a technical barrier.Second,when the arbitration enters the judicial process,the openness of judicial proceedings undermines the confidentiality of the arbitration.Third,the scope of the arbitration can expand the impact of confidentiality.The damage to the confidentiality of confidentiality by the state as a commercial arbitration exceptions,and in the growing exceptions,resulted in the confidentiality of commercial arbitration presents a weakening trend.The second part of the article will expound the theoretical choice and value orientation of the weakening trend of commercial arbitration secrecy.Separation of confidentiality and privacy of the commercial arbitration,legal basis of confidentiality weakening,from absolute secrecy of slam the door,to the establishment of the relative theory of confidential is the general theories about the confidentiality of the weakening trend of choice.Commercial arbitration confidentiality weakening the benefits,at the same time,also can destroy the advantages of the traditional commercial arbitration confidentiality,on the value choice,the author thinks that it should be embodied in the commercial arbitration confidentiality benefit value is given priority to,both reflect the fair value of confidentiality showed a trend of weakening,stick to the boundaries of relative secrecy,allow the secrecy exceptions in certain proportion.The third part is the international investigation of the weakening trend of commercial arbitration.From the practice of Britain,France,the United States,Australia and Sweden,it shows the decline of "tacit confidentiality" and the rise of "express secrecy" in commercial arbitration.This part is the focus of the article,through to the related case,show the weakening trend of international commercial arbitration confidentiality,and according to the investigation,international commercial arbitration confidentiality is summarized in the present weakening trend,against the background of present what exceptions.The fourth part of the article under the background of the commercial arbitration confidentiality showed a trend of weakening,reflect on the confidentiality of the commercial arbitration system in China,found our arbitration legislation lagging state,for secrecy exceptions is not clearly defined,the domestic arbitration rules of confidentiality provisions slightly sweeping,this will be conducive to maintaining business group reputation,unfavorable to protect the business secret and professional technology,more conducive to quickly solve disputes.Based on understanding and awareness of international commercial arbitration confidentiality,contact actual need,from the boot clear arbitration confidentiality agreement,the parties to the arbitration institution in our country how to reference the international arbitration rules of confidentiality obligations,to establish the arbitration system of public information classification,proposed the author about the three aspects of international commercial arbitration confidentiality in the development of China and the suggestion.Confidentiality in international commercial arbitration cases showed a trend of weakening,to want to protect the confidentiality of arbitration procedure of the parties to provide advice,in order to attract more business groups to choose this way of dispute resolution,arbitration services for international commercial transactions.