Commercial Arbitration Act 2017

This section sets out the circumstances in which confidential information in relation to arbitral proceedings may be disclosed by—

a party; or

an arbitral tribunal.

The information may be disclosed with the consent of all the parties to the arbitral proceedings.

The information may be disclosed to a professional or other adviser of any of the parties.

The information may be disclosed if it is necessary to ensure that a party has a reasonable opportunity to present the party’s case and the disclosure is no more than reasonable for that purpose.

The information may be disclosed if it is necessary for the establishment or protection of a party’s legal rights in relation to a third-party and the disclosure is no more than reasonable for that purpose.

The information may be disclosed if it is necessary for the purpose of enforcing an arbitral award and the disclosure is no more than reasonable for that purpose.

The information may be disclosed if it is necessary for this Act and the disclosure is no more than reasonable for that purpose.

The information may be disclosed if the disclosure is in accordance with an order made or a subpoena issued by a court.

The information may be disclosed if the disclosure is authorised or required by a relevant law or required by a competent regulatory body, and the person making the disclosure gives written details of the disclosure (including an explanation of the reasons for the disclosure) to—

if the person is a party—the other parties and the arbitral tribunal; and

if the arbitral tribunal is making the disclosure—all the parties.

In this section:

a law of the Territory (other than this Act); and

a law of the Commonwealth; and

a law of a State or another Territory.

There is no equivalent to this section in the Model Law.