International Arbitration Act 1994 · 2020 Revised Edition · Part 2 · International Commercial Arbitration
23. Restrictions on reporting of proceedings heard in private
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This section applies to proceedings under this Act in any court heard in private.
A court hearing any proceedings to which this section applies is, on the application of any party to the proceedings, to give directions as to whether any and, if so, what information relating to the proceedings may be published.
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.
A court is not to give a direction under subsection (2) permitting information to be published unless —
all parties to the proceedings agree that the information may be published; or
the court is satisfied that the information, if published in accordance with such directions as it may give, would not reveal any matter, including the identity of any party to the proceedings, that any party to the proceedings reasonably wishes to remain confidential.
Despite subsection (3), where a court gives grounds of decision for a judgment in respect of proceedings to which this section applies and considers that judgment to be of major legal interest, the court is to direct that reports of the judgment may be published in law reports and professional publications but, if any party to the proceedings reasonably wishes to conceal any matter, including the fact that the party was such a party, the court is to —
give directions as to the action that is to be taken to conceal that matter in those reports; and
if it considers that a report published in accordance with directions given under paragraph (a) would be likely to reveal that matter, direct that no report may be published until after the end of any period, not exceeding 10 years, that it considers appropriate.