Checklist · Arbitration & Alternative Dispute Resolution
Disclosure of confidential information in a Model Law arbitration
Checklist of sections 23C to 23G on when confidential information in arbitral proceedings may be disclosed, and when those sections apply.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- Australia, Commonwealth
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the authority it cites, for Australia and Commonwealth.
- Version
- 1
- Source
- Written for this library
When to use it
Use when someone proposes to disclose pleadings, evidence, a transcript, a ruling or an award from an arbitration to which the Model Law applies. It does not authorise the disclosure.
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may describe the information and the proposed recipient from the file and list the section 23D circumstances that have been raised, and the lawyer decides whether any disclosure is allowed.
AI may
- Identify the document or class of information and the proposed recipient from the file
- Note whether the parties have agreed in writing that sections 23C to 23G do not apply
- List which section 23D circumstance the instructing party relies on, in the party's own words
AI must not
- Must not decide that a disclosure is no more than reasonable for a permitted purpose
- Must not draft the disclosure, a witness statement, or an application for an order
- Must not treat an opt-out or the Transparency Rules as applying unless the file shows that they do
The lawyer checks
- The proceedings are proceedings to which sections 23C to 23G apply
- A section 23D circumstance, or an order under section 23E or 23G, actually authorises this disclosure
- Any notice required by section 23D(9) is given if that circumstance is used
- No order under section 23F prohibits the disclosure
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
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- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Arbitration & Alternative Dispute Resolution
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- Federal Court Form 51: originating application for stay of a proceeding under the International Arbitration Act 1974
- Heads of agreement signed at the end of a mediation (binding terms of settlement)
- Stay of court proceedings under the International Arbitration Act, section 7
- Preservation notice when arbitration is anticipated
- Expert determination agreement (referral of an existing dispute to an expert)
- Federal Court Form 50: originating application for an order in terms of an arbitration award
- Request to refer court proceedings to arbitration under Model Law article 8
- Notice of arbitration (ACICA Rules, with UNCITRAL and ad hoc variants)
- Arbitration preliminary-hearing agenda
- Enforcing a foreign arbitral award in the Federal Court: application checklist (International Arbitration Act 1974 ss 8 and 9)
- Federal Court Form 52: originating application to enforce a foreign award under the International Arbitration Act 1974
- Mediation agreement (with confidentiality and recording/AI-notetaker clause)
- Conferral letter before an arbitration discovery application
- Correction, interpretation and set-aside times after a Model Law award
- Federal Court Form 58: originating application to enforce an award under section 35(4) of the International Arbitration Act 1974
- Multi-tiered dispute resolution clause (notice, negotiation, mediation, then expert determination or arbitration)
- Redfern schedule for document production requests (with guidance)
- Arbitration confidentiality and non-waiver stipulation
- Federal Court Form 53: originating application for relief under the Model Law, section 18 of the International Arbitration Act 1974
- Procedural order (or party agreement) on the use of AI in the arbitration
- Subpoena in aid of a Model Law arbitration
- Notice and consent for AI transcription or notetaking in mediations and other ADR sessions
- Federal Court Form 54: application for a subpoena under the International Arbitration Act 1974
All precedents for Arbitration & Alternative Dispute Resolution · Tasks and AI use in this area