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保密性被长期视为仲裁的属性和优势,仲裁因此而深受重视商业秘密和商业信誉的商事主体的青睐。然而,随着经济社会环境的发展和变革,商事仲裁的绝对保密性在一些涉及公共利益的案件中被逐渐淡化。本文拟以上市公司仲裁公示义务与仲裁保密义务的冲突为切入点,通过考察全球视野下商事仲裁的发展趋势和最新成果,反思中国仲裁保密制度如何顺应时代发展,在兼顾商事主体对仲裁保密性合理期待的同时,融入公共利益等必要保密义务例外情形。
Confidentiality has long been recognized as a property and advantage of arbitration and as a result, arbitration is favored by commercial actors who value trade secrets and business credibility. However, with the development and reform of the economic and social environment, the absolute confidentiality of commercial arbitration has been gradually diminished in some cases involving the public interest. This article intends to take the conflict between the public company’s obligation of arbitration and the duty of confidentiality of arbitration as the starting point. By examining the development trend and the latest achievements of commercial arbitration in the global perspective, this article attempts to reflect how the Chinese arbitration secrecy complies with the development of the times, At the same time of reasonable expectation, the exception to the necessary confidentiality obligations such as the public interest should be incorporated.