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Department of Economic Policy and Development of the City of Moscow and another v Bankers Trust Co and another [2004] CA

[ADR – arbitration award judgment should remain private]
The parties were involved in arbitration under UNICTRAL rules in London. The arbitration took place in private and the award was published only to the parties. The judgment was not marked private and the publishing company Lawtel received a copy of the judgment, which in good faith it summarised on its website and by email to its 15,000 subscribers.

Held: The full text of the judgment could be published. Even though the hearing might have been in private, the judgment should be given in public where that could be done without disclosing significant confidential information; there has to be a balance.