English Appeal Court Won't Publicize Private Award Yet

By Caroline Simson (December 17, 2021, 5:58 PM EST) -- The English Court of Appeal has affirmed an order keeping an initial conference in a case to enforce a confidential arbitral award against a company accused of fraud behind closed doors, rejecting arguments that the judge failed to properly consider the importance of open justice.

The three-judge panel noted in its decision that while confidentiality in arbitrations is recognized in English law as "significant and worthy of protection," that does not necessarily trump the public's right to observe the court process.

Still, the judges noted, it's clear that the award in question is confidential and that publicizing the names of the...

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