National Ports Authority v Owners and Underwriters of MV Smart and Another - A11-2016 2025 ZAKZDHC 71 - 22 December 2025
Country
Year
2025
Summary
IN THE HIGH COURT OF SOUTH AFRICA
KWAZULU-NATAL LOCAL DIVISION, DURBAN
(EXERCISING ITS ADMIRALTY JURISDICTION)
South African court orders disclosure of London arbitration materials where confidentiality and privilege do not override discovery obligations. Civil procedure - discovery - relevance of documents - disclosure of materials from foreign arbitration in related domestic litigation; arbitration confidentiality vs discovery obligations; waiver/implied waiver of privilege by use of materials in arbitration and subsequent litigation; refusal to delay disclosure pending expert summaries.











