Research On The Weakening Trend Of International Commercial Arbitration Confidentiality

No matter in the legislation or practice of various countries,the issue of confidentiality of arbitration has been controversial.While some countries choose to support the confidentiality of arbitration,others criticize and deny the confidentiality of arbitration through legal precedents.Although the confidentiality of commercial arbitration has been highly appraised by the practice field,there is no denying that it has brought many difficulties to arbitration practice.In order to promote the development of China’s international commercial arbitration service industry,it is of great theoretical and practical significance to study and sort out the issue of arbitration confidentiality.This paper mainly intends to discuss and study this problem from the following parts.The first part of this paper is to sort out the traditional theory of confidentiality in international commercial arbitration and the confidentiality issues involved in international commercial arbitration cases in recent years.It is found that countries have different attitudes on the confidentiality of commercial arbitration,and to some extent,the trend of the confidentiality of commercial arbitration has been weakened.It is mainly manifested in the loosening of the position of countries adhering to the theory of implied confidentiality obligation,the increasing number of countries supporting the express confidentiality obligation,and the expansion of the arbitration confidentiality exception clauses.The second part mainly analyzes the reasons for the weakening trend of confidentiality in international commercial arbitration.There are three main reasons.First,the trial of commercial arbitration cases may not be handled efficiently and fairly due to the confidentiality problem.Second,strict confidentiality may lead to infringement of public interests,which cannot meet the needs of government supervision and protection of the weak parties.Third,the international community calls for the reform of arbitration transparency.The third part mainly analyzes the impact of the weakening trend of confidentiality in international commercial arbitration,Including theoretical and practical implications.The first is the change of confidentiality theory of international commercial arbitration,on the one hand,the academic and practice field has gradually begun to distinguish the concept of confidentiality and confidentiality of arbitration,and make clear the connotation and extension of the two.On the other hand,strict confidentiality system cannot be guaranteed due to various complicated reasons,and the relative confidential system is more in line with the needs of the development of international commercial arbitration.On this premise,the paper further analyzes the influence of the weakening trend of confidentiality,such as improving the credibility of arbitration awards and promoting social governance.Finally,based on China’s practice,the paper analyzes the choice of arbitration confidentiality legislation in China.According to China’s legislative tradition and arbitration practice,finding that arbitration confidentiality has a certain practical significance in a way,it is not suitable to completely overturn the confidentiality of arbitration in a short period of time.Therefore,on the basis of adhering to the confidentiality of commercial arbitration,we should constantly improve the exception clause and establish the system of gradually disclosing arbitration cases,so as to find a suitable way of confidentiality of arbitration in China.