NTIn ForceAct
Commercial Arbitration (National Uniform Legislation) Act 2011
27IThe Court may allow disclosure of confidential information in
Start here
Get a plain-English read of 27I
Turn the raw legal text into a practical explanation grounded in Commercial Arbitration (National Uniform Legislation) Act 2011.
27I The Court may allow disclosure of confidential information in
certain circumstances
(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.
Part 6 Making of award and termination of proceedings
Commercial Arbitration (National Uniform Legislation) Act 2011 33
(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 is final.
(5) Subsection (4) does not limit judicial review.
Note for section 27I
There is no equivalent of this section in the Model Law.