English High Court: Public Interest Outweighed Confidentiality of Arbitration

English High Court Public Interest Outweighed Confidentiality of Arbitration

Latham & Watkins review the English High Court’s decision in The Chartered Institute of Arbitrators v B, C and D (2019) EWHC 460, where the Court granted the Chartered Institute of Arbitrators access to documents related to an arbitration for use in disciplinary proceedings. The court held that the general public interest “in maintaining the quality of and standards of arbitrators” outweighed the need to preserve confidentiality of the arbitration. The authors note that the court balanced the Institute’s legitimate interests in obtaining copies of the documents with the duty of confidentiality in arbitration proceedings and that the case highlights the tension between the public interest in accessing documents related to an arbitration and the confidentiality of the proceedings.

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About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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