DECISION OF THE ENGLAND AND WALES COURT OF APPEAL, JUDGMENT RENDERED 12 MARCH 2008 IN CASE NO: 2007 FOLIO 1521, “EMMOTT V. MICHAEL WILSON & PARTNERS LIMITED” - Stockholm International Arbitration Review (SIAR) 2008 No. 3
DECISION OF THE ENGLAND AND WALES COURT OF APPEAL, JUDGMENT RENDERED 12 MARCH 2008 IN CASE NO: 2007 FOLIO 1521, “EMMOTT V. MICHAEL WILSON & PARTNERS LIMITED”
Observations by Stewart Boyd
Subject Matters: Confidentiality of documents produced for the purposes of an arbitration in London—Distinction between privacy and confidentiality—Limits to duty of confidentiality.
Findings: A duty of confidentiality is implied in arbitration agreements as a matter of law. It covers all documents produced in the arbitration, whether or not those documents are inherently confidential. The duty can be varied by agreement of the parties. Limits to the duty of confidentiality include situations: i) where there is consent by the parties (express or implied); ii) where there is an order of the court; iii) where it is reasonably necessary for the protection of legitimate interests of an arbitrating party; iv) where the interests of justice/public interest require disclosure.
Respondent/Claimant: John Forster Emmott
Appellant/Defendant: Michael Wilson & Partners Limited
Place of court proceedings: England, United Kingdom