Contents (2010 - 61)
Commercial Arbitration Act 2010 No 61
Status information

Long title

Part 1A Preliminary

Note
1A Name of Act
1B Commencement
1C Paramount object of Act

Part 1 General provisions

1 Scope of application
2 Definitions and rules of interpretation
2A International origin and general principles
3 Receipt of written communications
4 Waiver of right to object
5 Extent of court intervention
6 Court for certain functions of arbitration assistance and supervision

Part 2 Arbitration agreement

7 Definition and form of arbitration agreement
8 Arbitration agreement and substantive claim before court
9 Arbitration agreement and interim measures by court

Part 3 Composition of arbitral tribunal

10 Number of arbitrators
11 Appointment of arbitrators
12 Grounds for challenge
13 Challenge procedure
14 Failure or impossibility to act
15 Appointment of substitute arbitrator

Part 4 Jurisdiction of arbitral tribunal

16 Competence of arbitral tribunal to rule on its jurisdiction

Part 4A Interim measures

Division 1 Interim measures

17 Power of arbitral tribunal to order interim measures
17A Conditions for granting interim measures

Division 2 Preliminary orders

17B
17C

Division 3 Provisions applicable to interim measures

17D Modification, suspension, termination
17E Provision of security
17F Disclosure
17G Costs and damages

Division 4 Recognition and enforcement of interim measures

17H Recognition and enforcement
17I Grounds for refusing recognition or enforcement

Division 5 Court-ordered interim measures

17J Court-ordered interim measures

Part 5 Conduct of arbitral proceedings

18 Equal treatment of parties
19 Determination of rules of procedure
20 Place of arbitration
21 Commencement of arbitral proceedings
22 Language
23 Statements of claim and defence
24 Hearings and written proceedings
24A Representation
24B General duties of parties
25 Default of a party
26 Expert appointed by arbitral tribunal
27 Court assistance in taking evidence
27A Parties may obtain subpoenas
27B Refusal or failure to attend before arbitral tribunal or to produce document
27C Consolidation of arbitral proceedings
27D Power of arbitrator to act as mediator, conciliator or other non-arbitral intermediary
27E Disclosure of confidential information
27F Circumstances in which confidential information may be disclosed
27G Arbitral tribunal may allow disclosure of confidential information in certain circumstances
27H The Court may prohibit disclosure of confidential information in certain circumstances
27I The Court may allow disclosure of confidential information in certain circumstances
27J Determination of preliminary point of law by the Court

Part 6 Making of award and termination of proceedings

28 Rules applicable to substance of dispute
29 Decision-making by panel of arbitrators
30 Settlement
31 Form and contents of award
32 Termination of proceedings
33 Correction and interpretation of award; additional award
33A Specific performance
33B Costs
33C Application of Legal Profession Act 2004
33D Costs of abortive arbitration
33E Interest up to making of award
33F Interest on debt under award

Part 7 Recourse against award

34 Application for setting aside as exclusive recourse against arbitral award
34A Appeals against awards

Part 8 Recognition and enforcement of awards

35 Recognition and enforcement
36 Grounds for refusing recognition or enforcement

Part 9 Miscellaneous

37 Death of party
38 Interpleader
39 Immunity
40 Act to bind Crown
41 Court rules
42 (Repealed)
43 Regulations

 Schedule 1 Savings, transitional and other provisions

 Schedule 2 (Repealed)

Historical notes