(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 more than is 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 for this section:
There is no equivalent
to this section in the Model Law.