  Emmott v Michael Wilson & Partners Ltd [2008] EWCA Civ 184; [2008] All ER (D) 162 (Mar) concerns an arbitrating party’s application to disclose documents arising out of his arbitration to third parties involved in other proceedings (where the applicant is not a party). The English Court of Appeal in this case restated the English law position that there is an obligation on both parties to an arbitration – implied by law and arising out of the nature of the arbitration – not to disclose or use for any other purpose anything prepared for or used or disclosed or produced in the course of the arbitration. This Update provides a summary of the Emmott case.
The issue that the English High Court had to resolve in Congentra AG v Sixteen Thirteen Marine SA The “Nicholas M”) [2008] EWHC 1651 (Comm) was whether the freezing injunction obtained by the charterers in the English court should be set aside. The freezing injunction was obtained in relation to a London arbitration. The Court ruled in the negative. A summary of the Congentra case is set out in this Update.
The decision of the Western Cape High Court, South Africa in KP7 International SA v Yuan Geng Shipping Limited, MV “Pacific Yuan Geng” and Glory Wealth Shipping (Pte) Limited, Case No. AC30/2009 places an important, restrictive construction of the deeming provision in subsection 1(3) of the South African Admiralty Jurisdiction Regulation Act of 1983. Shipowners would welcome this ruling which sensibly restricts what could otherwise be an over-liberal associated ship arrest regime in South Africa. This Update provides a quick summary of the case.
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