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ARTICLE · 24 JUNE 2005

The principle of confidentiality in arbitration is upheld

Can a person obtain documents submitted in an arbitration to which he was not a party? Arbitrations are often chosen as a means of dispute resolution because they are confidential.

United KingdomLitigation, Mediation & Arbitration
Neil Aitken
Neil Aitken

Can a person obtain documents submitted in an arbitration to which he was not a party? Arbitrations are often chosen as a means of dispute resolution because they are confidential. However, where the matter comes before the court, will those confidential documents be vulnerable to disclosure to third parties because the court does not provide such high protection? These were the issues before the court in Glidepath BV & others v Thompson & others, when the Applicant, Mr Onwuka, applied for inspection of various documents pursuant to CPR 5.4(5) (disclosure of documents on the court’s file).

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Can a person obtain documents submitted in an arbitration to which he was not a party? Arbitrations are often chosen as a means of dispute resolution because they are confidential. However, where the matter comes before the court, will those confidential documents be vulnerable to disclosure to third parties because the court

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