BORA Arbitration Amendment Bill [pdf, 358 KB]
...confidentiality of information. This was essentially in response to a finding of the High Court of Australia in Esso Australian Resources Limited v Ploughman (1995) 128 ALR 391 where the High Court declined to follow the decision of the English Court of Appeal in Dolling-Baker v Merrett [1991] 2 All ER 890 and held the confidentiality was not an essential attribute of arbitration. As a consequence of Esso the Select Committee, in considering the Bill that led to the 1996 New Zealand Act,...