SGL Carbon Fibres Ltd, Re Petition for an Order to Disclose Documents and other Materials [2013] ScotCS CSOH_21 (31 January 2013)

SGL Carbon Fibres Ltd, Re Petition for an Order to Disclose Documents and other Materials [2013] ScotCS CSOH_21 (31 January 2013)

The norm is that parties should obtain the arbitrator's approval of the specification of documents before applying to the court for a disclosure order under rule 45, especially when rule 28 applies, as the arbitrator is best placed to assess relevance and admissibility.

Citation
[2013] ScotCS CSOH_21
Parties
Petitioner: SGL Carbon Fibers Limited; Respondent: RGB Limited
Jurisdiction
Scotland
Judgment Date
31 January 2013
Procedural Posture
Petition for Order to Disclose Documents Under Scottish Arbitration Rules / Interlocutory Application—motion for Disclosure Order
Outcome
Motion continued to allow petitioner to seek arbitrator's approval before returning to court.
Legal Topics
Disclosure of Documents, Arbitration Procedure, Court Intervention in Arbitration
Arbitration Civil Procedure Disclosure of Documents Arbitration Procedure Court Intervention in Arbitration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

SGL Carbon Fibers Limited

Petitioner

RGB Limited

Respondent

Procedural Posture

Petition for Order to Disclose Documents Under Scottish Arbitration Rules / Interlocutory Application—motion for Disclosure Order

Legal Issues

  1. 1 Whether arbitrator's approval of specification of documents is required before applying to court for disclosure order under rule 45(1) of the Scottish Arbitration Rules

Ratio Decidendi

The norm is that parties should obtain the arbitrator's approval of the specification of documents before applying to the court for a disclosure order under rule 45, especially when rule 28 applies, as the arbitrator is best placed to assess relevance and admissibility.

Court Disposition

Motion continued to allow petitioner to seek arbitrator's approval before returning to court.

Orders

  • Motion continued to a date to be fixed.
  • Petitioner to renew application to arbitrator for approval of specification of documents before returning to court.