Radisson Hotels ApS Danmark v Hayat Otel İşletmeciliği Turizm Yatirim Ve Ticaret Anonim Şirketi
[2023] EWHC 1223 (Comm)
Airbus Canada Limited Partnership v Joint Stock Company Ilyushin Finance Co.
27 March 2024
[2024] EWHC 791 (Comm)
High Court
A company dispute went to court. Because some of the information was secret, the judge decided to have the hearing behind closed doors to protect the companies' secrets. However, the judge will likely publish the decision later, but with some secret information removed.
Key Facts
- •Hearing in the Commercial Court concerning an arbitration claim.
- •Dispute between Airbus Canada Limited Partnership and Joint Stock Company Ilyushin Finance Co.
- •Issue of whether the hearing should be held in private.
- •Existence of commercially confidential information.
- •Application of the open justice principle.
Legal Principles
Arbitration proceedings are presumed to be private.
None explicitly stated, implied from the judge's statement.
Open justice principle applies to all state court proceedings in England and Wales unless a court orders otherwise.
None explicitly stated, common law principle.
Departure from the open justice principle requires a necessity in the interests of justice.
None explicitly stated, established legal test.
The most proportionate response to protecting confidentiality should be adopted, minimizing interference with the open justice principle.
None explicitly stated, implied from the judge's reasoning.
Outcomes
The hearing will take place in private.
The commercially confidential information and early stage of arbitration necessitate a private hearing to protect the parties' legitimate expectations of confidentiality.
The question of judgment publication and redactions will be determined after the judgment is given.
The appropriate redactions can only be assessed once the judgment is drafted.
Publication of the judgment with redactions is highly likely.
This is the most proportionate response to balancing open justice and confidentiality.
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