Esso Australia Resources Ltd. v. Plowman

21 Y.B. Comm. Arb. 137 (1996) [Austl. High Ct. 1995]

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Esso Australia Resources Ltd. v. Plowman

Australia High Court
21 Y.B. Comm. Arb. 137 (1996) [Austl. High Ct. 1995]

Facts

The Australian Minister for Manufacturing and Industry Development (the minister) (plaintiff) filed an action in Victoria Supreme Court against BHP Petroleum (BHP), Esso Australia Resources Ltd. (Esso), and two utility companies (defendants). BHP had previously arbitrated a dispute with one of the utility companies, and Esso had arbitrated a dispute with the other. The minister requested that the court decide whether information disclosed by BHP and Esso during the arbitrations with the utility companies was protected by confidentiality obligations. The court rejected BHP and Esso’s argument that the disclosed information was subject to strict confidentiality guidelines and ruled in favor of the minister. Esso and BHP appealed. The appellate court found that under the arbitration agreements the arbitrations were required to be private, but also held that there was no implied term guaranteeing that information disclosed during arbitration for purposes of the proceedings would remain confidential. Esso and BHP appealed to the Australia High Court.

Rule of Law

Issue

Holding and Reasoning (Mason, C.J.)

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