Apricus Investments Limited and Ors v CIS Emerging [2004] JRC 038 (26 February 2004)

Leave of the Court is not required for use of documents voluntarily disclosed, but is required for documents disclosed pursuant to court order, for which the Court would grant leave in enforcement proceedings related to the arbitral award.

Citation: [2004] JRC 038
Parties: Applicant: Plaintiffs; Respondent: Defendant; Third Party: First and Second Parties Cited
Jurisdiction: Jersey
Judgment Date: 26 February 2004
Procedural Posture: Application / Interlocutory
Outcome: Application granted in part
Legal Topics: Use of Disclosed Documents, Implied Undertaking, Enforcement of Arbitral Award

Civil Procedure Arbitration Enforcement Use of Disclosed Documents Implied Undertaking Enforcement of Arbitral Award

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Parties

Plaintiffs

Applicant

Defendant

Respondent

First and Second Parties Cited

Third Party

Procedural Posture

Application / Interlocutory

Legal Issues

1 Whether leave of the Court is required to use documents voluntarily disclosed by third parties
2 Scope of implied undertaking regarding documents disclosed pursuant to court order

Ratio Decidendi

Court Disposition

Application granted in part

Orders

Plaintiffs may use documents voluntarily disclosed without leave of the Court.
Leave would be granted for use of documents disclosed pursuant to court order in enforcement proceedings related to the arbitral award.