论商事仲裁的保密性

An Analysis on the Confidentiality in Commercial Arbitration

仲裁程序的保密性通常被认为是仲裁的重要优点之一。保密性意味着仲裁程序的参与者负担法律默示的保密义务。但商事仲裁的保密性不是绝对的,在必要情况下应当排除保密义务。

When international arbitration is gaining increasing popularity with transnational businesses, there is a general agreement that among the principal advantages of arbitration as a method of dispute resolution, confidentiality is one of the most attractive selling points. There should be an implied duty of confidentiality. There are some exceptions to the confidentiality rule.