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Arbitration confidentiality offers no shield in South African courts, warns High Court | SA News

Insurers and other parties should assume that any arbitration evidence relevant to the same dispute may be discoverable in South Africa, the High Court has confirmed.

In a December 2025 judgment arising from the loss of the MV “Smart” at the Port of Richards Bay, the KwaZulu-Natal High Court ordered the owners and insurers of the vessel to disclose extensive documents from confidential London arbitration proceedings for use in related local litigation.

In an analysis on Norton Rose Fulbright’s website, Andrew Robinson, director of the firm’s Transport Practice in South Africa, and Nick Veldman, shipping and marine insurance partner, noted that while parties often assume arbitration…

First Democratic Elections: South Africa held its first fully democratic elections in
1994, allowing all citizens, regardless of race, to vote.

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