Westwood Shipping Lines Inc & Anor v Universal Schiffahrtsgesellschaft MBH & Anor

Westwood Shipping Lines Inc & Anor v Universal Schiffahrtsgesellschaft MBH & Anor

The claimants have a legitimate interest in using the arbitration materials to pursue an arguable claim of unlawful means conspiracy, and the interests of justice require disclosure. There was no general waiver of confidentiality, but the exceptions in Emmett v Michael Wilson apply. The court has jurisdiction to make the order, and no further delay is justified.

Parties
Claimant: Westwood Shipping Lines Inc; Claimant: Weyerhaeuser NR Company; Defendant: Universal Schiffahrtsgesellschaft MBH; Defendant: Michael Bremen
Jurisdiction
England and Wales
Judgment Date
11 December 2012
Procedural Posture
Commercial Court Application / Application for Leave to Use Arbitration Documents in Court Proceedings
Outcome
Application granted
Legal Topics
Confidentiality of Arbitration, Disclosure of Arbitration Materials, Jurisdiction, Costs Orders
Arbitration Insolvency Civil Procedure Confidentiality of Arbitration Disclosure of Arbitration Materials Jurisdiction Costs Orders

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Parties

Westwood Shipping Lines Inc

Claimant

Weyerhaeuser NR Company

Claimant

Universal Schiffahrtsgesellschaft MBH

Defendant

Michael Bremen

Defendant

Procedural Posture

Commercial Court Application / Application for Leave to Use Arbitration Documents in Court Proceedings

Legal Issues

  1. 1 Whether the claimants should be granted leave to use confidential arbitration documents in support of a Commercial Court claim
  2. 2 Whether there was a waiver of confidentiality or the documents were in the public domain
  3. 3 Whether the court has jurisdiction to make the order

Ratio Decidendi

The claimants have a legitimate interest in using the arbitration materials to pursue an arguable claim of unlawful means conspiracy, and the interests of justice require disclosure. There was no general waiver of confidentiality, but the exceptions in Emmett v Michael Wilson apply. The court has jurisdiction to make the order, and no further delay is justified.

Court Disposition

Application granted

Orders

  • Claimants granted leave to use specified arbitration documents in support of their Commercial Court claim, effective immediately.
  • Judgment to be public and may be disclosed to relevant third parties.