Confidentiality
36.
The Parties may, by agreement recorded in the terms of Reference of the Panel in Section
14, limit the application of all or any part of Sections 37 to 42 in a Reference.
37.
In order to assist in the resolution of the Disagreement, a Reference will not be open to
the public.
38.
The Parties, and all persons, will keep confidential:
a) all oral and written information disclosed in the Reference; and
b) the fact that this information has been disclosed.
39.
The Parties will not rely on or introduce as evidence in any proceeding, whether or not
that proceeding relates to the subject matter of the Reference, any oral or written
information disclosed in or arising from the Reference, including:
a) any documents of other Parties produced in the course of the Reference that are
not otherwise produced or producible in that proceeding;
b) any views expressed, or suggestions made, in respect of a possible settlement of
the Disagreement;
c) any admissions made by any Party in the course of the Reference, unless
otherwise stipulated by the admitting Party;
d) the fact that any Party has indicated a willingness to make or accept a proposal or
recommendation for settlement; and
e) any reports of the Panel.
40.
Sections 38 and 39 do not apply:
a) in any proceeding for the enforcement or setting aside of an agreement resolving
the Disagreement that was the subject of the Reference;
b) if the adjudicator in any proceeding determines that the interests of the public or
the administration of justice outweigh the need for confidentiality; or
c) if the oral or written information referred to in those Sections is in the public
forum.
41.
A Member, or anyone retained or employed by the Member, is not compellable in any
proceeding to give evidence about any oral or written information acquired or opinion
formed by that person as a result of the Reference, and all Parties will oppose any effort
to have that person or that information subpoenaed.
42.
A Member, or anyone retained or employed by the Member, is disqualified as a
consultant or expert in any proceeding relating to the Disagreement, including any
proceeding that involves persons not a Party to the Reference.
Attempt to Resolve After Report
43.
Within 21 days after receipt of the final written report of a Panel, the Parties will meet
and make an effort to resolve the Disagreement taking into account the report of the
Panel or any other considerations.
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