International Arbitration Act 1994 · 2020 Revised Edition · Part 2 · International Commercial Arbitration
17. Power of arbitrator to act as conciliator
Feedback & supportIf all parties to any arbitral proceedings consent in writing and for so long as no party has withdrawn the party’s written consent, an arbitrator or umpire may act as a conciliator.
party
“party” means a party to an arbitration agreement or, in any case where an arbitration does not involve all of the parties to the arbitration agreement, means a party to the arbitration.
An arbitrator or umpire acting as conciliator —
may communicate with the parties to the arbitral proceedings collectively or separately; and
must treat information obtained by him or her from a party to the arbitral proceedings as confidential, unless that party otherwise agrees or unless subsection (3) applies.
Where confidential information is obtained by an arbitrator or umpire from a party to the arbitral proceedings during conciliation proceedings and those proceedings terminate without the parties reaching agreement in settlement of their dispute, the arbitrator or umpire must before resuming the arbitral proceedings disclose to all other parties to the arbitral proceedings as much of that information as he or she considers material to the arbitral proceedings.
No objection is to be taken to the conduct of arbitral proceedings by a person solely on the ground that that person had acted previously as a conciliator in accordance with this section.