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一直以来,学界都认为保密性是国际商事仲裁最显著的优点之一,甚至可以称得上是仲裁的本质属性。然而时至今日,国际商事仲裁的保密性已越来越受到各方面的挑战与质疑,特别是保密性与公共利益之间无法避免却又难以调和的矛盾。但并不能因此而简单地废除了仲裁的保密性,而应仔细权衡并考量各种因素,从而在仲裁的保密性与公共利益之间寻求平衡。
All along, the academic circles consider that confidentiality is one of the most prominent merits of international commercial arbitration and can even be regarded as the essential attribute of arbitration. However, to this day, the confidentiality of international commercial arbitration has been increasingly challenged and challenged by all parties, especially the unavoidable but unmanageable conflicts between confidentiality and the public interest. However, the confidentiality of arbitration should not be abrogated as such, but various factors should be carefully weighed and considered so as to strike a balance between the confidentiality of arbitration and the public interest.