Due to the relationships between the UK and US insurance and reinsurance markets, and the fact that different reinsurance agreements in a reinsurance program may involve both UK and US arbitration provisions, there are frequent overlaps between the two jurisdictions when things go awry. In a lengthy opinion, the UK Court of Appeals has engaged in an extensive discussion of the basis for the confidentiality of UK arbitration materials, and the circumstances under which such materials may be disclosed in other proceedings. Noting the strong tradition of confidentiality, the Court noted that exceptions “are still in the process of development on a case-by-case basis,” but that the principal instances in which disclosure may be appropriate are: (1) where there is consent, express or implied; (2) by court order (with courts not having general discretion to waive confidentiality); (3) where reasonably necessary for the protection of the legitimate interests of an arbitrating party; and (4) where required in the interests of justice, and perhaps the public interest. This may become a very influential opinion in this area of English jurisprudence. Emmott v. Michael Wilson & Partners Limited [2008] EWCA Civ 184 (Mar. 12, 2008).
This post written by Rollie Goss.