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ARTICLE · 18 JULY 2023

CZT v CZU: Deliberative Secrecy In Arbitration

Singleton Urquhart Reynolds Vogel LLP
Singleton Urquhart Reynolds Vogel LLP
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In CZT v CZU, the plaintiff – seeking to set aside the award of an arbitral tribunal on the basis of serious allegations by the dissenting...

CanadaLitigation, Mediation & Arbitration
Bruce Reynolds
Bruce Reynolds
Nicholas Reynolds
Nicholas Reynolds
Adam Rose
Adam Rose

In CZT v CZU,1 the plaintiff - seeking to set aside the award of an arbitral tribunal on the basis of serious allegations by the dissenting arbitrator against the two other members of the tribunal - brought an application to compel the arbitrators to produce records of their deliberations.

The Singapore International Commercial Court ("SICC" or "Court") dismissed the plaintiff's production application, concluding that the plaintiff had not demonstrated that the interests of justice outweighed the policy reasons for protecting the confidentiality of deliberations. In the Court's view, the application to set aside the award could proceed without those records.

The decision is an important benchmark in terms of deliberative secrecy in arbitration, which according to the Court, will only yield in the rarest of cases, which generally would not include bare allegations even of a serious nature.

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