The Court may allow disclosure of confidential information in certain circumstances
27I The Court may allow disclosure of confidential information in certain circumstances
The Court may make an order allowing a party to disclose confidential information in relation to the arbitral proceedings in circumstances other than those mentioned in section 27F if the Court is satisfied, in the circumstances of the particular case, that—
the public interest in preserving the confidentiality of arbitral proceedings is outweighed by other considerations that render it desirable in the public interest for the confidential information to be disclosed; and
the disclosure is no more than is reasonable for that purpose.
An order under subsection (1) may only be made on the application of a person who is or was a party to the arbitral proceedings and after giving each person who is or was a party to the arbitral proceedings the opportunity to be heard.
A party to arbitral proceedings may only apply for an order under subsection (1) if—
the mandate of the arbitral tribunal has been terminated under section 32; or
a request by the party to the arbitral tribunal to make an order under section 27G has been refused.
An order of the Court under this section that is made within the limits of the authority of the Court is final.
Note
There is no equivalent to this section in the Model Law.
This Act’s bill:Explanatory memorandumSecond reading speech
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