A Corporation v Firm B & Anor

A Corporation v Firm B & Anor

The court found that most alleged breaches of arbitral confidentiality either did not occur, fell within exceptions, or resulted in information already known to C Corporation, and that granting an injunction would cause significant prejudice to C Corporation and Firm B without conferring any real remedy to A Corporation or D Corporation. The requirements for mandatory injunctive relief were not met, and the balance of convenience favoured refusal of the application.

Parties
Claimant: A Corporation; First Defendant: Firm B; Second Defendant: Mr W
Jurisdiction
England and Wales
Judgment Date
13 May 2025
Procedural Posture
Interim Injunction Application / Ruling on Application for Interim Injunctive Relief
Outcome
Application for interim injunctive relief refused
Legal Topics
Arbitral Confidentiality, Interim Injunctions, Solicitor Conflicts of Interest, Without Prejudice Privilege, Exceptions to Confidentiality
Arbitration Confidentiality Commercial Law Arbitral Confidentiality Interim Injunctions Solicitor Conflicts of Interest Without Prejudice Privilege Exceptions to Confidentiality

Case Brief

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Parties

A Corporation

Claimant

Firm B

First Defendant

Mr W

Second Defendant

Procedural Posture

Interim Injunction Application / Ruling on Application for Interim Injunctive Relief

Legal Issues

  1. 1 Whether interim injunctive relief should be granted to restrain Firm B from acting for C Corporation in the Vessel 2 Reference due to alleged misuse of confidential information from the Vessel 1 Reference
  2. 2 Scope and exceptions of arbitral confidentiality obligations
  3. 3 Risk and prejudice arising from alleged breaches of confidentiality

Ratio Decidendi

The court found that most alleged breaches of arbitral confidentiality either did not occur, fell within exceptions, or resulted in information already known to C Corporation, and that granting an injunction would cause significant prejudice to C Corporation and Firm B without conferring any real remedy to A Corporation or D Corporation. The requirements for mandatory injunctive relief were not met, and the balance of convenience favoured refusal of the application.

Court Disposition

Application for interim injunctive relief refused

Orders

  • Firm B undertakes that no lawyer who acted in the Vessel 1 Reference will act for C Corporation in the Vessel 2 Reference, save for Excepted Personnel performing limited roles.
  • No mandatory injunction granted restraining Firm B Asia office from acting for C Corporation.