Singapore High Court Affirms Power to Order Attorneys’ Eyes Only Disclosure

Singapore High Court

The Situation: In a recent application to set aside a , the considered whether a tribunal could order one of the parties to disclose certain documents only to the other party’s counsel. This arrangement is known as an Attorneys’ Eyes Only (“AEO”) disclosure.

The Result: The Singapore High Court held that the tribunal was empowered to issue an . While AEO orders are not entrenched in Singapore jurisprudence, such an order was consistent with the tribunal’s broad case management powers under the rules and Singapore arbitration law.

Looking Ahead: The decision highlights the broad discretion tribunals have when making procedural decisions under Singapore law.

Source: Matthew J. Skinner (Matt), Zachary Sharpe and Jeffrey Jeng – Jones Day | Lexology