Research On The Necessity Of Confidentiality In Commercial Arbitration

Commercial arbitration is more and more popular in the settlement of commercial trade disputes.In the practice of international commercial arbitration,the disputes about the confidentiality of commercial arbitration kept appearing until some highly concerned court decisions made them questioned.The breakthrough of the confidentiality of arbitration established by dolling-baker case in the United Kingdom,such as Esso case in Australia and Sonatrach case in the United States,triggered a lot of comments and debates.Therefore,many scholars have proposed that the confidentiality of commercial arbitration has been weakened,and some scholars have proposed that commercial arbitration needs to evolve to adapt to the current trend of open and transparent arbitration.However,it is not clear whether there is a precedent for the transparency or open arbitration of commercial arbitration at present,and the advantages provided by confidentiality for arbitration,is it true that as these scholars say,the public is affected by the confidence of individual cases or legislation in the confidentiality of arbitration,and even chooses to give up the confidentiality of commercial arbitration? Based on the study of the legal status of the confidentiality of commercial arbitration,this paper analyzes the confidentiality and the changing trend of arbitration by combining with cases,and discusses the reasons for the changing trend,analyzes the necessity and development prospect of the confidentiality of commercial arbitration,and how to better deal with the new trend of the confidentiality of commercial arbitration.