Article: Privy Council Curtails Obligation of Confidentiality in International Arbitration.(Case involving Associated Electric & Gas Insurance Services Limited (AEGIS) and European Reinsurance Company of Zurich is discussed)

Confidentiality has always been referred to as one of the advantages of choosing arbitration over litigation. However, the extent of this right and its enforcement can be problematic. In a recent appeal to the Privy Council the scope of the principle of privacy in international commercial arbitration had to be considered1 .

Facts

The case involved two insurance companies, Associated Electric & Gas Insurance Services Limited (AEGIS) and European Reinsurance Company of Zurich (European Re) who had entered into a reinsurance agreement dated 31 March 1980. The agreement provided for arbitration in Bermuda. Two separate disputes regarding the obligation of ...

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