Although
confidentiality is widely accepted as one of the key attractions of
international commercial arbitration, the nature of the obligation varies
between jurisdictions. This article explores the extent to which arbitrators’
deliberations are confidential in Australia. It examines international
practice, and in particular the landmark Singaporean case of CZT v. CZU [2023]
SGHC(I) 11, which extended the implied obligation of confidentiality to the
deliberations of the arbitral tribunal. It then turns to consider Australia’s
various confidentiality rules: at common law, under the International
Arbitration Act 1974 (Cth) (IAA), and under the Uniform Evidence Acts. The
article considers the consequences of this network of rules and argues for a
balanced approach to confidentiality which allows for exceptions where
necessary in the interest of justice. Such an approach would align the
Australian position with international standards.