Australian Capital Territory Current Acts

COMMERCIAL ARBITRATION ACT 2017 - SECT 27H

    (1)     The court may make an order prohibiting a party from disclosing confidential information in relation to the arbitral proceedings if the court is satisfied, in the circumstances of the particular case, that—

        (a)     the public interest in preserving the confidentiality of arbitral proceedings is not outweighed by other considerations that render it desirable in the public interest for the confidential information to be disclosed; and

        (b)     the disclosure is no more than reasonable for that purpose.

    (2)     An order under subsection (1) may only be made on the application of a party to the arbitral proceedings and after giving each of the parties to the arbitral proceedings the opportunity to be heard.

    (3)     A party may only apply for an order under subsection (1) if the arbitral tribunal has made an order under section 27G (1) allowing disclosure of the information.

    (4)     The court may order that the confidential information not be disclosed pending the outcome of the application under subsection (2).

    (5)     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.