(1) 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 —
(a) 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
(b) the
disclosure is no more than is reasonable for that purpose.
(2) 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.
(3) A party to
arbitral proceedings may only apply for an order under subsection (1) if
—
(a) the
mandate of the arbitral tribunal has been terminated under section 32; or
(b) a
request by the party to the arbitral tribunal to make an order under
section 27G has been refused.
(4) 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.