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.

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