仲裁保密性存废研究

Study on the Preservation and Abolishment of Arbitration Confidentiality

仲裁保密性在传统上被默认为仲裁的一部分,是民商事仲裁的显著特征和重要优势,也是民商事主体选择仲裁的重要原因。但随着社会的发展,仲裁保密观念开始发生转变,提高仲裁透明度的呼声越来越高,仲裁保密性呈现明显弱化趋势。即便如此,基于仲裁保密制度自身的价值、公开先例的缺乏以及保密性作为仲裁的重要特征,仲裁保密性仍有存在的必要性,不能轻易废除。面对新的发展形势,仲裁保密性相关研究应与时俱进,不断创新,为仲裁活动的开展创造良好的保密环境。基于此,为更好地维护仲裁保密性,应明示仲裁保密义务、采用“原则 + 例外”立法模式,并重视仲裁规则对保密性的确认。

The confidentiality of arbitration is traditionally regarded as a part of arbitration by default, which is an important characteristic and advantage of civil and commercial arbitration, and also an important reason for civil and commercial subjects to choose arbitration. However, with the development of society, the concept of arbitration confidentiality began to change, the call to im-prove the transparency of arbitration is growing higher and higher, the confidentiality of arbitration shows a clear trend of weakening. Even so, due to the value of the arbitration confidentiality system, the lack of public precedent and confidentiality as an important feature of arbitration, the confidentiality of arbitration is still necessary and can not be easily abolished. Facing the new development situation, the research on arbitration confidentiality should keep pace with the times, keep innovating and create a good environment for the development of arbitration. Therefore, in order to protect the confidentiality of arbitration, we should clearly state the obligation of arbitration confidentiality, adopt the legislative mode of “principle + exception”, and attach importance to the confirmation of the confidentiality of arbitration rules.