Introduction

It is a central principle of English law that privacy and confidentiality are fundamental characteristics of arbitration. In a recent leading case in this area, Ali Shipping Corporation v Shipyard Trogir ,[1] Potter L.J. held that the obligation of confidentiality in arbitration proceedings is an implied term of the arbitration agreement (arising as an essential corollary of the privacy of arbitration proceedings), which is subject to a number of exceptions and qualifications.[2] The approach of the English courts to date has contrasted with that of courts in other ...