Originally from European International Arbitration Review (EIAR)

Much has been written about confidentiality in arbitration (or lack thereof), especially since the Australian High Court rendered its notorious Esso v. Plowman1 decision in 1995, followed by the Bulbank2 judgment of the Swedish Supreme Court in 2000. Both of these decisions led to quite “some fluttering in the dovecotes”3 as they shattered a widespread and long-held belief that confidentiality of arbitration was beyond any doubt. And it is fair to say that more than a decade later, the doves still have not exactly settled down again.14