Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) A party to an arbitral proceeding who wants an order under section 23F or 23G of the International Arbitration Act must file:
(a) if a proceeding has not been started in relation to the arbitral proceeding -- an originating application, in accordance with Form 57;
(b) if a proceeding has been started in relation to the arbitral proceeding -- an interlocutory application in that proceeding .
(2) An application under subrule (1) must be accompanied by an affidavit stating the following:
(a) the person against whom the order is sought;
(b) the order sought;
(c) the material facts relied on for the making of the order;
(d) either:
(i) if the application is made under section 23F -- the terms of the order of the arbitral tribunal allowing disclosure of the information and the date the order was made; or
(ii) if the application is made under section 23G:
(A) the date the arbitral tribunal's mandate was terminated; and
(B) the terms of the request made to the arbitral tribunal for disclosure of the confidential information and the date the request was made; and
(C) the terms of the arbitral tribunal's refusal to make the order and the date the refusal was made.