Confidentiality: third-party proceedings

The nature and scope of arbitral confidentiality remains uncertain. There are numerous judgments on the matter, but the analysis varies between them. It does seem to be established that a party to arbitration proceedings is entitled to use arbitration documents to bring a claim against a third party where such use is reasonably necessary. But is that right unrestricted or does it rest upon the permission of the arbitrators (where the arbitration remains in existence) or the court?

Webb v Lewis Silkin LLP [2015] EWHC 687 (Ch) addresses these matters. The ruling of Proudman J was that no such consent was required, although it was recognised that it might be necessary in practical terms to seek directions from the court hearing the third-party claim.