The Vindobona Journal of International Commercial Law and Arbitration
VJ Home: Archive: Abstract Case Note (2000) 4 VJ 1, 89-94


Confidentiality and Privacy in Arbitration: The Lessons of Ali

Matthew Secomb*

Confidentiality in international commercial arbitration is a topic that came to the fore in the second half of the 1990's. The contentious decision of the High Court of Australia in the case of ESSO Australia Resources Limited v Plowman [1995] 183 CLR 10 ('ESSO') has spurred much of the discussion. The decision of the Court of Appeal in England Ali Shipping Corporation v Shipyard Trogir [1999] 1 WLR 314 ('Ali') invites us to consider some of the pertinent aspects of confidentiality in international arbitration and specifically to reconsider some of the issues raised in ESSO.


* B.Com, LLB, (Deakin) LLM Candidate, University of Melbourne. Barrister and Solicitor of the Supreme Court of Victoria. Minter Ellison Lawyers (matthew.secomb@minters.com.au).