40. Confidentiality of arbitral proceedings and awards
Past version: effective from 17/12/2015 - 16/12/2015
To view other versions open the versions tab on the right
(1) Unless otherwise agreed by the parties, no party may publish, disclose or communicate any Confidential Information to any third party.
(2) Nothing in subsection (1) prevents the publication, disclosure or communication of Confidential Information by a party:
(a) if the publication, disclosure or communication is made:
(i) to protect or pursue a legal right or interest of the party; or
(ii) to enforce or challenge the award referred to in that subsection,
in legal proceedings before a court or other judicial authority in or outside the Abu Dhabi Global Market; or
(b) if the publication, disclosure or communication is made to any government body, regulatory body, court or tribunal and the party is obliged by law to make the publication, disclosure or communication;
(c) if the publication, disclosure or communication is required in order for a party to be in compliance with its financial reporting obligations or the rules of any listing authority or securities exchange;
(d) if the publication, disclosure or communication is made to a professional or any other adviser of any of the parties;
(e) if the publication, disclosure or communication is made to potential lenders or investors in connection with financing arrangements;
(f) if the arbitral tribunal determines that it is otherwise in the interests of justice that the publication, disclosure or communication of information be permitted.
(3) Subject to any contrary agreement by the parties, nothing in subsection (1) prevents a party from disclosing or communicating Confidential Information to a third party who has a substantial legal or pecuniary interest in the outcome of the arbitral proceedings.