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Contents (2010 - 61)
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Commercial Arbitration Act 2010 No 61
Current version for 14 January 2018 to date (accessed 16 October 2018 at 04:55)
1   Scope of application
(cf Model Law Art 1)
(1)  This Act applies to domestic commercial arbitrations.
 The International Arbitration Act 1974 of the Commonwealth covers international commercial arbitrations and the enforcement of foreign arbitral awards.
(2)  The provisions of this Act, except sections 8, 9, 17H, 17I, 17J, 35 and 36, apply only if the place of arbitration is in New South Wales.
(3)  An arbitration is domestic if:
(a)  the parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in Australia, and
(b)  the parties have (whether in the arbitration agreement or in any other document in writing) agreed that any dispute that has arisen or may arise between them is to be settled by arbitration, and
(c)  it is not an arbitration to which the Model Law (as given effect by the International Arbitration Act 1974 of the Commonwealth) applies.
(4)  For the purposes of subsection (3):
(a)  if a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration agreement, and
(b)  if a party does not have a place of business, reference is to be made to the party’s habitual residence.
(5)  This Act does not affect any other Act by virtue of which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this Act.
(6)  Subject to subsection (5), this Act applies to arbitrations provided for in any other Act as if:
(a)  the other Act were an arbitration agreement, and
(b)  the arbitration were pursuant to an arbitration agreement, and
(c)  the parties to the dispute which, by virtue of the other Act, is referred to arbitration were the parties to the arbitration agreement,
except in so far as the other Act otherwise indicates or requires.
Model Law note.
 The term “commercial” should be given a wide interpretation so as to cover matters arising from all relationships of a commercial nature, whether contractual or not. Relationships of a commercial nature include, but are not limited to, the following transactions: any trade transaction for the supply or exchange of goods or services; distribution agreement; commercial representation or agency; factoring; leasing; construction of works; consulting; engineering; licensing; investment; financing; banking; insurance; exploitation agreement or concession; joint venture and other forms of industrial or business co-operation; carriage of goods or passengers by air, sea, rail or road.
 This section differs from the Model Law to the extent necessary to apply Art 1 as incorporated in this Act to domestic commercial arbitrations. Section 40 contains provisions that also relate to the application of this Act.