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Commercial Arbitration (National Uniform Legislation) Act 2011
27HThe Court may prohibit disclosure of confidential information
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27H The Court may prohibit disclosure of confidential information
in certain circumstances
(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; or
(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 is final.
(6) Subsection (5) does not limit judicial review.
Note for section 27H
There is no equivalent of this section in the Model Law.