Department of Economics Policy & Development of the City of Moscow v Bankers Trust Co & Anor

Department of Economics Policy & Development of the City of Moscow v Bankers Trust Co & Anor

Given the highly sensitive political and commercial nature of the arbitration, the parties' agreement to privacy, and the absence of issues of law or wider public interest, the judgment should remain private and not be published, as publication would prejudice the interests of justice and undermine the confidentiality central to the arbitration agreement.

Parties
Claimant: Department of Economics Policy & Development of the City of Moscow; 1st Defendant: Bankers Trust Company; 2nd Defendant: International Industrial Bank
Jurisdiction
England and Wales
Judgment Date
05 June 2003
Procedural Posture
Arbitration Claim (challenge to Award) / Ruling on Publication of Judgment Following Rejection of Section 68 Arbitration Act 1996 Applications
Outcome
Judgment to remain private; not to be published generally.
Legal Topics
Confidentiality in Arbitration, Publication of Judgments, Private Hearings, Section 68 Arbitration Act 1996, CPR 62.10, Article 6 ECHR
Arbitration Civil Procedure Confidentiality in Arbitration Publication of Judgments Private Hearings Section 68 Arbitration Act 1996 CPR 62.10 Article 6 ECHR

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Parties

Department of Economics Policy & Development of the City of Moscow

Claimant

Bankers Trust Company

1st Defendant

International Industrial Bank

2nd Defendant

Procedural Posture

Arbitration Claim (challenge to Award) / Ruling on Publication of Judgment Following Rejection of Section 68 Arbitration Act 1996 Applications

Legal Issues

  1. 1 Whether the judgment following a private arbitration claim hearing should be published or remain private
  2. 2 Whether the parties forfeited the right to privacy/confidentiality by prior disclosure
  3. 3 Interpretation and effect of CPR 62.10 regarding privacy of arbitration claims

Ratio Decidendi

Given the highly sensitive political and commercial nature of the arbitration, the parties' agreement to privacy, and the absence of issues of law or wider public interest, the judgment should remain private and not be published, as publication would prejudice the interests of justice and undermine the confidentiality central to the arbitration agreement.

Court Disposition

Judgment to remain private; not to be published generally.

Orders

  • The earlier judgment shall remain private and not be available for general publication.
  • The result of the applications and the arbitration may be published without reference to the content of the judgment.