A price review process under a gas supply contract constitutes an 'arbitration' within the meaning of the Commercial Arbitration Act 1990 (Qld) where the contract provides objective criteria for the arbitrators' decision, even though the arbitrators are determining future rights rather than adjudicating existing disputes. It is implicit in such commercial agreements that the price is to be fair and reasonable as between the parties. The test for relevance of documents sought by subpoena in aid of arbitration is 'apparent relevance' (relation to the subject matter), not the stricter 'direct relevance' test applicable to UCPR disclosure. Confidentiality of commercially sensitive documents is a relevant but not determinative consideration; the public interest in the fair conduct of arbitration proceedings justifies compelling production subject to appropriate access restrictions imposed by the arbitrators.
The full text is available to signed-in members, including the 33 later cases that cite this judgment.
1 of the 33 citing cases carry a classified treatment. How each court treated it is available to signed-in members.