NEWSLETTER-2019-metin

178 NEWSLETTER 2019 A Recent Decision from the High Court of England and Wales: Confidentiality of Arbitration v. Public Interest* Att. Melissa Balikci Introduction The essentiality of all arbitrators being and remaining indepen- dent and impartial in the course of arbitral proceedings was previ- ously highlighted in the context of the LCIA challenge decisions 1 . Another important feature of arbitration is also the confidentiality of the proceedings. These two issues became the subject of two different disputes which are analyzed below. In a recent case 2 , the High Court of England and Wales allowed the Chartered Institute of Arbitrators (“CIArb”) to access certain docu- ments to be used in disciplinary proceedings initiated against B (the first Respondent), an arbitrator, and for declarations concerning the use of those documents. Background Following the initiation of arbitral proceedings that arose out of a contract between C and D, D applied to the CIArb for the appoint- ment of an arbitrator. Although C’s counsel objected and proposed an alternative person, the appointment of B, a fellow of the CIArb, was confirmed. * Article of April 2019 1 Balikci, Melissa : “ Challenging Arbitrators and LCIA Challenge Decisions ”, Er- dem & Erdem Newsletter, March, 2018, http://www.erdem-erdem.av.tr/publica- tions/newsletter/challenging-arbitrators-and-lcia-challenge-decisions/ (Access date: April, 2019). 2 [2019] EWHC 460 (Comm) can be accessed at: https://www.bailii.org/ew/cases/ EWHC/Comm/2019/460.html (Access date: April, 2019).