Commonwealth Consolidated Acts

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INTERNATIONAL ARBITRATION ACT 1974 - SECT 23D

Circumstances in which confidential information may be disclosed

             (1)  This section sets out the circumstances in which confidential information in relation to arbitral proceedings may be disclosed by:

                     (a)  a party to the arbitral proceedings; or

                     (b)  an arbitral tribunal.

             (2)  The information may be disclosed with the consent of all of the parties to the arbitral proceedings.

             (3)  The information may be disclosed to a professional or other adviser of any of the parties to the arbitral proceedings.

             (4)  The information may be disclosed if it is necessary to ensure that a party to the arbitral proceedings has a full 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 the legal rights of a party to the arbitral proceedings 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, or the Model Law as in force under subsection 16(1) 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 another 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 reasons for the disclosure to:

                     (a)  if the person is a party to the arbitral proceedings--the other parties to the proceedings and the arbitral tribunal; and

                     (b)  if the arbitral tribunal is making the disclosure--all the parties to the proceedings.

           (10)  In subsection (9):

"another relevant law" means:

                     (a)  a law of the Commonwealth, other than this Act; and

                     (b)  a law of a State or Territory; and

                     (c)  a law of a foreign country, or of a part of a foreign country:

                              (i)  in which a party to the arbitration agreement has its principal place of business; or

                             (ii)  in which a substantial part of the obligations of the commercial relationship are to be performed; or

                            (iii)  to which the subject matter of the dispute is most commonly connected.



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