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Arbitration highlights: disclosure from confidential proceedings, peremptory anti-suit orders, shifting seats, enforcement limits, ICC expedited guidance, notable global rulings, and practitioner resources (5 February 2026)

Published on: 05 February 2026

Published by a LexisNexis Arbitration expert
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  • Arbitration in England and Wales
  • International arbitration
  • Institutional and ad hoc arbitration
  • Other arbitration and ADR-related news and developments
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Arbitration in England and Wales

Disclosure of confidential arbitration documents to facilitate policing of an undertaking

The High Court of England and Wales, in Bourlakova v Edelweiss Investments Inv [2025] EWHC 3085 (Ch), directed the production of materials connected to a Moscow arbitration in which the respondent, Edelweiss, participated. Although the relevant arbitral rules required confidentiality, (i) recognised exceptions applied; and (ii) in any event, disclosure carried no realistic prospect of criminal prosecution. Weighing the issues, the court held that confidentiality concerns were surpassed by the potential jeopardy to Edelweiss’ assets arising from an arbitral award, particularly given the strong policy in favour of enforcement of arbitral awards under the New York Convention. See News Analysis: Disclosure of confidential arbitration documents to facilitate policing of an undertaking (Bourlakova & others v Edelweiss Investments Inv), by Jennifer Haywood, barrister, arbitrator and mediator at Serle Court...

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