Commentary

78.3 Disclosure reasonably necessary to protect legitimate interests

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

78.3 Disclosure reasonably necessary to protect legitimate interests

| Commentary

78.3 Disclosure reasonably necessary to protect legitimate interests

Disclosure is permitted where reasonably necessary for the protection of the legitimate interests of an arbitrating party in order to found a cause of action against a third party or to defend a claim brought by a third party1. In Ali Shipping, the court held that this exception will not be engaged where disclosure would be merely helpful, as opposed to reasonably necessary, but warned against interpreting the standard too strictly and requiring parties ‘to prove necessity regardless of difficulty or expense’2.

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