Research On The Confidentiality Scope Of Commercial Arbitration

Compared with court proceedings,strict confidentiality is one of the most significant advantages of commercial arbitration.It requires that the parties to the arbitration proceedings be limited to the parties,and only a third party can participate in certain conditions,and all owners no information related to arbitration shall be disclosed.The current research focus on the confidentiality of commercial arbitration is still limited to the introduction and review of its establishment,development and improvement in various legislative cases outside the territory.Among them,although the scope of confidentiality of commercial arbitration as the core content is widely mentioned,the research is particularly sloppy,and the systematic in-depth study of the determination of its boundaries is temporarily lacking.Scholars are willing to admit that the arbitration proceedings and arbitration collaborating content should be kept confidential,but whether the documents and arbitration awards in the arbitration process are confidential or not is inconclusive.In fact,the extra-territorial arbitration legislation and arbitration rules of major arbitration institutions also lack detailed provisions on the scope of confidentiality of commercial arbitration.Hong Kong Arbitration Ordinance and WIPO Arbitration Rules,CIETAC Arbitration Rules,AAA Arbitration Rules,SCC Arbitration Rules,SWISS Arbitration Rules,HKIAC Arbitration Rules and SIAC Arbitration Rules.The provisions on the scope of confidentiality mainly cover the five aspects of arbitration facts,arbitration proceedings,arbitration documents,arbitral tribunal deliberations and arbitral awards,but there is a lack of uniform consensus among the rules on specific confidential matters.The lack of research on the scope of confidentiality has undoubtedly greatly hindered the improvement of the confidentiality system of commercial arbitration,and it is not conducive to the development of commercial arbitration.This article conducts research on the proposition of the scope of confidentiality in commercial arbitration.Based on the mining of the comparative method and practical case materials,three objective criteria for determining confidentiality are obtained:for arbitration purposes,during arbitration,and not for purposes other than arbitration Use to lay the foundation for the solution of the aforementioned problems.This paper is divided into four parts:The first part.Extract existing problems in the confidentiality scope of commercial arbitration.The case is open,and puts forward the existing dilemma of the research on the scope of confidentiality of commercial arbitration: the basis of research on the scope of confidentiality of commercial arbitration is insufficient;the internal structure of the confidentiality scope of commercial arbitration is unclear;the guarantee mechanism of the confidentiality scope of commercial arbitration has yet to be improved.The second chapter.The basic theory of the scope of confidentiality in commercial arbitration.Through the analysis and separation of confidentiality and privacy,this paper clarifies the concept of confidentiality in commercial arbitration,and frames its legitimacy basis in four aspects:arbitration agreement,arbitration legislation,arbitration rules and typical cases.The third chapter is the internal deconstruction of the scope of confidentiality in commercial arbitration.Combing the relevant contents of confidentiality clauses in arbitration legislation and arbitration rules,sorting out the cases of commercial arbitration involving confidentiality issues,based on which,from the five dimensions of arbitration facts,arbitration proceedings,arbitration documents,collegial panel and arbitration awards,evidence-based mutual inspection,examining the relationship between specific matters and confidentiality in all dimensions,and determining the boundary of confidentiality scope in commercial arbitration.The fourth chapter.Optimize the confidentiality scope of commercial arbitration to ensure access.Examine the inherent deficiencies in the system of commercial arbitration secrecy scope,and shape the specific approach to the external protection of the secrecy scope:clarifying the attributes and scope of the commercial arbitration secrecy scope is the primary factor for consideration;through the establishment of reform and abolition,the secrecy requirement is a basic Principles;Encourage parties to agree on the terms of the scope of confidentiality in commercial arbitration;Refine the basis for defining the scope of confidentiality in commercial arbitration based on specific analysis of the scope of confidentiality in commercial arbitration;Practice precedes legislation.