Study On Transparency Of International Commercial Arbitration

Confidentiality, one of the features of the international commercial arbitration, is an efficient tool for parties to protect their trade information and business secrets and is also thought as the most important reason for parties choosing the international commercial arbitration instead of litigation to solve their disputes.However, with the development of economic globalization international commercial disputes make out the new characters that they have complicated parties, diversified contents, and huge influence. As a result, confidentiality of international commercial arbitration lessens the efficiency of the settlement of disputes and impedes the development of international commercial arbitration. What’s more, the calling for arbitration transparency evolution of the international commercial arbitration is more widespread as ever. At this situation, the study of the balance between confidentiality and transparency turns to be of great necessity.The writer takes the comparative study method to analyse the balance between confidentiality and transparency. This paper contains introduction, main body and conclusion. In introduction, current situation of study the balance between confidentiality and transparency will be viewed. In the first part of main body, the concept, reasons and values of transparency will be discussed. The second part of the text will analyze the relationship of confidentiality and transparency by citing international arbitration rules and cases. In the third part the mechanism of the balance between confidentiality and transparency will be talked about and applied schemes will be brought out. In the last part of the main body the balance between confidentiality and transparency in Chinese international commercial arbitration will be discussed and the key of the balance is to establish the scheme that the third party is able to participate the arbitration, in addition to the limited publication of the arbitration awards.In the conclusion part, the values and function of the balance between confidentiality and transparency will be stated.