| Commentary

78.2 Disclosure required by law

| Commentary

78.2 Disclosure required by law

Disclosure is permitted pursuant to a court order. That does not mean that courts have ‘a general and unlimited jurisdiction to consider whether an exception to confidentiality exists and applies’1. Rather, they will balance the interest in preserving the confidentiality of arbitral proceedings with the wider interests of justice2. This exception frequently arises in the context of court proceedings where one party seeks disclosure of documents connected to an earlier arbitration. In Dolling-Baker3, the Court of Appeal held that the mere fact that a document had been used in an arbitration did not render that

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