Can parties expect the privacy of arbitration even during the related court proceedings?

With reference to adisson Hotels ApS Danmark (“Radisson”) v Hayat Otel ??letmecili?i Turizm Yatirim Ve Ticaret Anonim ?irketi (“Hayat”) [2023] EWHC 1223 (Comm) case.

Privacy is one key advantage of arbitration. However, you may lose privacy once it enters the public domain, such as in court proceedings.

In a recent case, one party requested the court to anonymize and redact certain information from the arbitration, including the parties' names, details related to the parties, and the arbitrators' names, in the final judgment. The argument put forth was that the court could protect the public interest while still respecting the parties' expectation of confidentiality by anonymizing the information.

During the hearing, the court considered the following facts

“The consideration that parties have elected to arbitrate confidentially and privately cannot dictate the position in respect of arbitration claims brought to court…..” (Para 41 of the Manchester City Football Club Ltd v Football Association Premier League Ltd and others [2021] EWCA Civ 1110)

The court in a view as below:

“The proposed anonymisation of the parties and the witness in my view makes the judgment difficult for a reader to follow. It is in the public interest that judgment should be accessible and readily understood” (Para 19)

> The judge rejected the request to make the parties anonymous in the judgement saying.

?"I reject the application for anonymity in relation to the parties and Radisson and Hayat's witnesses."

> But they allowed making the arbitrators anonymous as they are not parties to the case and therefore not coming under the public interest. The judge said,

"I therefore propose that the judgment will have the names of the arbitrators or former arbitrators redacted ..."

Case: https://www.bailii.org/ew/cases/EWHC/Comm/2023/1223.html

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Dilan de Silva LLM (Const. Law), BSc(QS)Hon's, Dip. in Arb., Cer. in Teaching (QS), MRICS, AAIQS, AIQS(SL), CQS

CEO/Course Director (QS)

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