Commodities in Focus weekly – Issue 128

"A sliding scale of arbitral confidentiality": implications of A Corporation v. (1) Firm B (2) Mr W [2025]

The recent judgment in A Corporation v Firm B and Another provides guidance on the general duty of arbitral confidentiality and highlights the nuanced nature of confidentiality in arbitration.

Background

Two ship owning companies, A Corporation and D Corporation, who share the same ownership, were involved in separate disputes with B Corporation and C Corporation (who also had an ongoing cooperation agreement) relating to alleged breaches of vessel sale agreements and the conditions of the vessels on delivery:
 

1. Arbitration 1: A Corporation was engaged in arbitration with B Corporation over Vessel 1 (concluded).
2. Arbitration 2: D Corporation was engaged in arbitration with C Corporation over Vessel 2 (ongoing).