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South Africa decisions
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Transnet v MV “Alina II” (AC 104/09; AC 03/10) [2013] ZAWCHC 124; 2013 (6) SA 556 (WCC) (5 September 2013)
The High Court ordered discovery of arbitration documents relevant to a maritime damages claim and limitation defence, rejecting confidentiality objections.
Replication Technology Group and Others v Gallo Africa Limited In re: Gallo Africa Limited v Replication Technology Group and Others (08/36580) [2009] ZAGPJHC 8; 2009 (5) SA 531 (GSJ) (15 April 2009)
The court held that, even if South African law recognises an implied undertaking of confidentiality over documents disclosed in arbitration, exceptions exist where disclosure is reasonably necessary to protect legitimate interests or where the interests of justice require it. In contempt proceedings, the use of such documents is not collateral but integral to the enforcement of court orders. The documents obtained in arbitration discovery may therefore be used in the contempt application without requiring leave of court. The applicants' request to strike out the documents and information was…
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