국제상사중재에서 중재판정의 기밀성에 관한 연구

A Study on the Confidentiality of Arbitral Awards in International Commercial Arbitration

In the arbitration parties in international commercial business assume that the private nature of the process. Many parties prefer to arbitration as a dispute resolution process to secure privacy an confidentiality. A number of arbitration courts around the world have considered the confidentiality in arbitration. However the assumption of confidentiality may not always be valid. Many countries in relation with arbitration courts have the unstable debating options over the principle of confidentiality in domestic and international arbitration. Some institutional courts in international arbitration such as ICSID have release the arbitrational awards in respect of arbitration rule of ICSID. However most of the arbitration awards in the arbitral courts are not released contents of awards if not to be agreed all parties related in arbitration. In the other part, some court may reveals the awards of arbitration on the purpose of academic or statistical needs as to be restricted or hid the parties’ identity or edited the content of awards. Even though arbitral rules of domestic or international and institutional arbitral courts have different provisions of arbitral confidentiality of arbitral awards or decisions in arbitration proceedings. In this article we could consider the problems and alternatives of regulation and provisions in arbitration rules around the world including KCAB rules. So as to this article we may recognize and face up with the international trace in the launch argument of revisable confidential provision of arbitration rule in domestic and international arbitral jurisdictions.