In Republic of India v Vedanta Resources Plc  SGCA 50, the Singapore Court of Appeal rejected granting declaratory relief on points of law regarding confidentiality in investment treaty arbitrations.
During the arbitral proceedings, the Tribunal held that certain documents could not be produced because they were confidential under Singapore law. The disappointed party then applied to the Singapore High Court for a declaration that the documents were not confidential. Accordingly, the opponent raised that such application was an abuse of process. The High Court held that it was not an abuse, but the Court of Appeal held that in fact it was an abuse by stating that:
This decision serves as a caution to parties who intend to have their unfavourable Tribunal decisions reviewed by a court through creative applications. It is clear that such application would amount to an abuse of process and the courts would not be willing to interfere with the Tribunal’s decision.
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