The appellate court affirmed a lower court’s authorization allowing the disclosure of the documents, saying the lower court judge “had jurisdiction to determine the question of confidentiality, and that the judge was right in the unusual circumstances of this case to authorize the disclosure of the Amended Points of Claim, the skeleton argument and the defence, in NSW and the BVI,” the court held in its main opinion, delivered by Lord Justice Lawrence Collins.
Mealey’s International Arbitration Report was made aware of the ruling by an international arbitration expert who described the ruling as a very important judgment on a hotly debated topic.
In the 20-years I have been covering international arbitration cases and issues, confidentiality has always been at the forefront with supporters on both sides of the issue
In Emmott, the appeals court found it was necessary to allow the disclosure of the documents in the arbitration because, without them, the New South Wales Court would not have been aware that fraud claims brought against John Forster Emmott had been dropped from the arbitration. The appeals court noted there was a danger that the New South Wales court would be misled.
“[T]he interests of justice required disclosure. The interests of justice are not confined to the interests of justice in England. The international dimension of the present case demands a broader view,” the court held.
No word on whether the opposing party, Michael Wilson & Partners Ltd., will seek review from the House of Lords. . . stay tuned.
Edie Scott has served as the editor of Mealey’s International Arbitration Report* since 1988. Prior to joining the Report, Ms. Scott had worked at National Public Radio Affiliate WHYY Radio in Philadelphia, Pa. and as a television director/engineer with a CBS television affiliate in Lancaster, Pa., directing the “Good Morning” show for WLYH TV. She also served as a Delaware state legislative radio reporter for several years with 1410 AM WDOV and 94.3 WDSD in Dover, Del., before moving to 1150 AM WDEL in Wilmington, Del., where she covered, city, county and state government and served as an on-air news anchor.
The views expressed in this blog are strictly those of the author and do not reflect the opinion of the Mealey’s Group of the Lexis Nexis Company.
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