Section 81Part 11 — MISCELLANEOUS
Arbitral proceedings shall be private and confidential
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An arbitral tribunal shall conduct the arbitral proceedings in private and confidentially.
Disclosure by the arbitral tribunal or a party of confidential information relating to the arbitration shall be actionable as a breach of an obligation of confidence unless the disclosure —
is authorised, expressly or impliedly, by the parties or can reasonably be considered as having been so authorised;
is required by the tribunal or is otherwise made to assist or enable the tribunal to conduct the arbitration;
is required —
in order to comply with any enactment or rule of law;
for the proper performance of the discloser's public functions; or
in order to enable any public body or office-holder to perform public functions properly;
can reasonably be considered as being needed to protect a party's lawful interests;
is in the public interest;
is necessary in the interests of justice; or
is made in circumstances in which the discloser would have absolute privilege had the disclosed information been defamatory.
The arbitral tribunal and the parties shall take reasonable steps to prevent unauthorised disclosure of confidential information by any third party involved in the conduct of the arbitration.
The arbitral tribunal shall, at the outset of the arbitration, inform the parties of the obligations which this rule imposes on them.
Defined Terms
confidential information