P v Q & Ors

P v Q & Ors

Arbitrators are immune from disclosure of documents relating to their deliberations, both under English law and the parties' contractual agreement in the LCIA Rules. The documents sought are not strictly necessary for fair determination of the removal application, and no exceptional circumstances exist to justify disclosure. The application for disclosure is therefore dismissed.

Parties
Claimant: P; First Defendant: Q; Second Defendant: R; Third Defendant: S; Fourth Defendant: U
Jurisdiction
England and Wales
Judgment Date
03 February 2017
Procedural Posture
Arbitration Claim / Disclosure Application Prior to Removal Application
Outcome
Disclosure application dismissed; adjournment request refused.
Legal Topics
Disclosure in Arbitration, Removal of Arbitrators, Confidentiality of Tribunal Deliberations
Arbitration Civil Procedure Disclosure in Arbitration Removal of Arbitrators Confidentiality of Tribunal Deliberations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

P

Claimant

Q

First Defendant

R

Second Defendant

S

Third Defendant

U

Fourth Defendant

Procedural Posture

Arbitration Claim / Disclosure Application Prior to Removal Application

Legal Issues

  1. 1 Whether arbitrators can be compelled to disclose documents in support of a removal application under section 24 of the Arbitration Act 1996
  2. 2 Whether tribunal deliberations are immune from disclosure under English law and LCIA Rules
  3. 3 Whether the documents sought are strictly necessary for fair disposal of the removal application

Ratio Decidendi

Arbitrators are immune from disclosure of documents relating to their deliberations, both under English law and the parties' contractual agreement in the LCIA Rules. The documents sought are not strictly necessary for fair determination of the removal application, and no exceptional circumstances exist to justify disclosure. The application for disclosure is therefore dismissed.

Court Disposition

Disclosure application dismissed; adjournment request refused.

Orders

  • The application for disclosure by the co-arbitrators is dismissed.
  • The request to adjourn the removal application hearing is refused.