North Lanarkshire Council v Stewart and Shields Ltd

Arbitration – Anonymity in legal proceedings. Court of Session: Refusing the petitioner's motion in an arbitration application, seeking an order prohibiting the disclosure of the identity of any party to those proceedings, the court examined the proper interpretation of, and interaction between, s 15 of the Arbitration (Scotland) Act 2010 and r 26 of the Arbitration Rules, and held that the information sought to be anonymised was already in the public domain and the consequence, at least where there had been a permissible disclosure to the world, was that no order of the court under s 15 purporting to prohibit disclosure of the identities of the parties in the report of the Court of Session proceedings could achieve the statutory purpose of anonymity.

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