仲裁保密性问题分析-analysis of arbitration confidentiality.docxVIP

AB ABSTRACT 中国政法 中国政法大学硕士学位论文 仲裁保密性问题研究 3 3 4 4 ABSTRACT Confidentiality is regarded as one of the advantages of arbitration, which is one reason why people choose arbitration to settle disputes. The confidentiality of arbitration has special values, such as maintaining the reputation of the parties, protecting the business secrets, and helping to resolve disputes flexibly. However, as a self-explantory principle, confidentiality is not doubtless indeed, the practice field and theoretical field didn’t have unified viewpoint on such issue yet. Arbitration derives from the agreement of parties, and private hearing is common practice of every country and every arbitration organizations, which is determined by the privacy of arbitration. But private hearing doesn’t inevitably require the participants of arbitration to bear the obligation of confidentiality. People always hold misunderstanding on this issue. This article consists of Introduction and Four chapters. First part is introduction, which is a brief summary on the basic problems and current situation of confidentiality and draw forth the subject of this article. Chapter One is the overview of confidentiality, which includes the concept definition, discrimination of similar concepts, and analysis of the value of confidentiality. Besides, this chapter will deeply explore confusion and challenges against confidentiality, and discuss the significance and necessity of the research. Chapter Two is the research of legal practice of different countries on arbitration confidentiality. This chapter separately researches the legal practice of several typical countries and international arbitration organizations, and makes summary of common problems. Chapter Three is the concrete analysis of confidentiality. In this Chapter, the author makes system analysis on the subject, scope of application, remedies and exceptions of confidentiality. Besides, this chapter also analyses the relationship between confidentiality and other