Exposing Confidentiality Of Tribunal's Deliberations

• Published date: 14 August 2023
• Subject Matter: Litigation, Mediation & Arbitration, Arbitration & Dispute Resolution
• Law Firm: Shearn Delamore & Co.
• Author: Rhoshvin Singh

The Singapore International Commercial Court ('SICC') recently declined an order requiring the Tribunal to disclose its deliberations. It was held that interests of justice of the case do not outweigh the policy reasons for protecting the confidentiality of deliberations (see CZT v CZU [2023] SGHC(I) 11).

This case underlines the high threshold required to be met by an applicant seeking the production of a tribunal's records. It also highlights the willingness of the courts to intervene if the allegations of impartiality are 'very serious in nature' and have 'real prospects of succeeding'.

In this case, the plaintiff contracted with the defendant to deliver certain items that included materials, machinery and equipment. The defendant asserted that the plaintiff had breached its contractual obligations as certain components of the items delivered were found to be defective. As such, the defendant commenced arbitral proceedings against the plaintiff under the International Commercial Court Rules.

In finding that the plaintiff was liable to the defendant for damages, interests and costs, the Tribunal, by majority, held that the items delivered were indeed defective. The dissenting Arbitrator did not sign the final award and launched a scathing attack against the majority, accusing the majority of, amongst others, 'lack of impartiality' and that he had 'lost any and all trust in the impartiality of [his] fellow arbitrators'.

Aggrieved with the award rendered by the majority, the plaintiff applied to set aside the final award. Pursuant thereto, the plaintiff wrote to the members of the Tribunal to request disclosure of their records of deliberations. This request was turned down by the Tribunal. It is against this backdrop that the plaintiff filed three applications, in which it seeks the production of the records of deliberations from the members of the Tribunal. The plaintiff's applications were dismissed by the SICC.

The SICC held that while the default position...