569. Implicit duty of confidentiality and privacy in arbitrations.

The Arbitration Act 1996 does not include express provision covering the issues of confidentiality and privacy in arbitrations1. As a result, these issues are governed by the common law.

It is implicit in an arbitration agreement that:

  1.  

    (1)     strangers to the agreement should be excluded from the hearing and conduct of the arbitration under the agreement2; and

  2.  

    (2)     the parties must not disclose or use for any other purpose any documents prepared for and used in the arbitration or disclosed or produced in the course of the arbitration, or transcripts or notes of the evidence in the arbitration or the