Arbitral Tribunals to Only Produce Records of Deliberation in the “Very Rarest of Cases”

14 Jul 2023

In the recent decision of CZT v CZU [2023] SGHC(I) 11, the Singapore International Commercial Court held that the Court may exercise its discretion to order the production of an arbitral tribunal’s records of deliberations if the facts and circumstances are such that the interests of justice in ordering the production outweigh the policy reasons for protecting the confidentiality of deliberations. Such a case would have to involve allegations that are very serious in nature, and it must be shown that the allegations have real prospects of succeeding. It is only in the “very rarest of cases” where exceptions to the norm of maintaining confidentiality of an arbitral tribunal’s records of deliberations can be found. Director Benedict Teo and Associate Director Yap En Li discuss the court’s reasoning in this update. 

Please click here to read the update.
 

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