(1) This section sets
out the circumstances in which confidential information in relation to
arbitral proceedings may be disclosed by —
(a) a
party; or
(b) an
arbitral tribunal.
(2) The information
may be disclosed with the consent of all the parties to the arbitral
proceedings.
(3) The information
may be disclosed to a professional or other adviser of any of the parties.
(4) 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.
(5) 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.
(6) 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.
(7) The information
may be disclosed if it is necessary for the purposes of this Act and the
disclosure is no more than reasonable for that purpose.
(8) The information
may be disclosed if the disclosure is in accordance with an order made or a
subpoena issued by a court.
(9) 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 —
(a) if
the person is a party, the other parties and the arbitral tribunal; and
(b) if
the arbitral tribunal is making the disclosure, all the parties.
(10) In this section
—
relevant law means —
(a) a
law of this State (other than this Act); and
(b) a
law of the Commonwealth; and
(c) a
law of another State or Territory.
Note for this section:
There is no equivalent
to this section in the Model Law.