Confidentiality in arbitration | Practical Law
In Emmott v Wilson & Partners Limited [2008] EWCA Civ 184, the claimant (C) applied to the court for an order permitting the disclosure of documents which had been generated in an arbitration in London, to the courts of New South Wales (NSW) and the British Virgin Islands (BVI). In the London arbitration the defendant (D) had originally made claims of fraud against the claimant but had subsequently withdrawn them. In the proceedings in NSW and the BVI, which were essentially based on the same facts, D advanced claims against C's colleagues which included allegations that C was guilty of fraud, but did not join C as a defendant. At first instance the order for disclosure was granted and D appealed.