Confidentiality Versus Public Interest: Rethinking Disclosure in International Commercial Arbitration
摘要
International commercial arbitration has long been recognized as the preferred method for resolving cross-border commercial disputes due to its efficiency, flexibility, and strong emphasis on party autonomy. One of its most valued attributes is confidentiality, which ensures that sensitive business information, trade secrets, and strategic corporate data remain undisclosed throughout the arbitration process. However, this principle is facing increasing challenges as calls for greater transparency and public scrutiny emerge, particularly in cases involving social or public interest. This research explores the evolving nature of confidentiality in international commercial arbitration, analyzing the existing legal frameworks, limitations, and the pressures driving a shift toward increased disclosure. It examines different regulatory models and highlights the implications of balancing confidentiality with the public’s right to access information. Furthermore, the study provides recommendations for reforming arbitration procedures to maintain confidentiality while accommodating the growing demand for transparency. The findings contribute to the ongoing debate on how arbitration can preserve its core advantages while adapting to contemporary legal and societal expectations.