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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).
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