Gray Construction Ltd v Harley Haddow LLP

Richard Smellie reviews the issue of confidentiality in arbitration, across various jurisdictions and legislative bodies.

Failure by a party to pay its share of an advance on arbitration costs may amount to a breach of the arbitration agreement, but it will not necessarily be repudiatory. Where the applicable arbitral rules provide mechanisms to allow the arbitration to proceed, non‑payment alone is unlikely to render the arbitration agreement inoperative.