Confidential information
207 Confidential information
This section applies if a party to an arbitration (the applicant) believes that—
stated information to be made available in the arbitration is confidential; and
the disclosure of the information to another party to the arbitration is likely to damage the applicant’s commercial activities.
The applicant may—
inform the authority of the applicant’s belief; and
ask the authority not to disclose the information to the other party.
On receiving a request, the authority must—
inform the other party or parties of the request and general nature of the information to which the request relates; and
ask the other party or parties whether there is any objection to the authority complying with the request.
If a party objects to the authority complying with a request, the party may inform the authority of its objection and the reasons for it.
If, after considering a request, and any objection and any further submission a party has made about the request, the authority is satisfied the applicant’s belief is justified and that the disclosure of the information to another party would not be in the public interest, the authority must take all reasonable steps to ensure the information is not, without the applicant’s consent, disclosed to the other party.
In this section—
commercial activities means activities conducted on a commercial basis.
This Act’s bill:Explanatory memorandum
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