The Situation: In a recent application to set aside a Singapore arbitral award, the Singapore High Court 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 AEO order. 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.