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ARTICLE · 10 OCTOBER 2024

Parties Should Take Proactive Steps To Ensure Arbitration Confidentiality

McCarthy Tétrault
McCarthy Tétrault
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In the recent decision of SOS Marine Inc. v. M/V Gentle Seas (Ship), 2024 FC 1042, the Federal Court of Canada considered whether information disclosed in arbitration...

CanadaLitigation, Mediation & Arbitration

Why this decision matters

In the recent decision of SOS Marine Inc. v. M/V Gentle Seas (Ship), 2024 FC 1042, the Federal Court of Canada considered whether information disclosed in arbitration proceedings should be kept confidential in a court proceeding between the same or third parties (the "Action").

Overview

The dispute arose between the Plaintiff, SOS Marine Inc. ("SOS Marine"), a Quebec-based maritime service company, and the Defendants, the ship M/V Gentle Seas ("Gentle Seas") and its owners, acting through their agent Laden Maritime Inc. ("Laden"). This dispute stemmed from an agreement between SOS Marine and Stem Shipping Co. S.A. (through Laden) for the cleaning of the Gentle Seas' cargo holds.

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