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Commercial Arbitration Act 2010
27FCircumstances in which confidential information may be disclosed
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#### 27F Circumstances in which confidential information may be disclosed
27F 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:
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> > > (a) a party, or
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> > > (b) an arbitral tribunal.
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> > (2) The information may be disclosed with the consent of all the parties to the arbitral proceedings.
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> > (3) The information may be disclosed to a professional or other adviser of any of the parties.
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> > (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.
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> > (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.
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> > (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.
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> > (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.
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> > (8) The information may be disclosed if the disclosure is in accordance with an order made or a subpoena issued by a court.
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> > (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:
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> > > (a) if the person is a party—the other parties and the arbitral tribunal, and
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> > > (b) if the arbitral tribunal is making the disclosure—all the parties.
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> > (10) In this section:
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> > relevant law means:
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> > > (a) a law of this State (other than this Act), and
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> > > (b) a law of the Commonwealth, and
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> > > (c) a law of another State or Territory.
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> Note—
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> There is no equivalent to this section in the Model Law.