Australian Capital Territory Consolidated Acts

COMMERCIAL ARBITRATION ACT 1986 - NOTES

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     exercise

              •     Magistrates Court

              •     oath

              •     person

              •     Supreme Court.

"arbitration agreement" means an agreement in writing to refer present or future disputes to arbitration.

"arbitrator" includes, where there are 2 or more arbitrators, the arbitrators.

"award" means final or interim award.

"court" means—

        (a)     the Supreme Court; or

        (b)     the Magistrates Court if—

              (i)     an arbitration agreement provides that the Magistrates Court has jurisdiction under this Act; or

              (ii)     the parties to an arbitration agreement that is in force have agreed in writing that the Magistrates Court has jurisdiction under this Act.

"misconduct" includes corruption, fraud, partiality, bias and a breach of the rules of natural justice.

"party", in relation to an arbitration agreement, includes any person claiming through or under a party to the arbitration agreement.

"power of appointment", in relation to an arbitrator or umpire, means a power to—

        (a)     appoint an arbitrator or umpire; or

        (b)     join in the appointment of an arbitrator or umpire; or

        (c)     concur in or approve of the appointment of an arbitrator or umpire; or

        (d)     take any other step for the appointment of an arbitrator or umpire.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

This Act was originally a Commonwealth ordinance—the Commercial Arbitration Ordinance Act 1986 No 84(Cwlth).

The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

    Legislation before becoming Territory enactment

Commercial Arbitration Act 1986 No 84

notified 22 December 1986

commenced 2 March 1987 (s 2 and Cwlth Gaz 1987 No G6)

as amended by

Administrative Arrangements (Consequential Amendments) Ordinance 1988 No 17 sch 2

notified 22 April 1988

commenced 22 April 1988

Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1

notified 10 May 1989 (Cwlth Gaz 1989 No S160)

s 1, s 2 commenced 10 May 1989 (s 2 (1))

remainder commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)

    Legislation after becoming Territory enactment

Commercial Arbitration (Amendment) Act 1990 No 32 s 4

notified 2 October 1990 (Gaz 1990 No S69)

s 1, s 2 commenced 2 October 1990 (s 2 (1))

s 4 commenced 1 January 1992 (s 2 (2))

Commercial Arbitration (Amendment) Act 1991 No 36

notified 26 August 1991 (Gaz 1991 No S83)

commenced 26 August 1991

Acts Revision (Position of Crown) Act 1993 No 44 sch 2

notified 27 August 1993 (Gaz 1993 No S165)

commenced 27 August 1993 (s 2)

Courts and Tribunals (Audio Visual and Audio Linking) Act 1999 No 22 pt 4

notified 14 April 1999 (Gaz 1999 No S16)

s 1, s 2 commenced 14 April 1999 (s 2 (1))

pt 4 commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35)

Justice and Community Safety Legislation Amendment Act 2000 (No 3) No 17 sch 1

notified 1 June 2000 (Gaz 2000 No 22)

commenced 1 June 2000 (s 2)

Legislation (Consequential Amendments) Act 2001 No 44 pt 66

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 66 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Evidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48 sch 2 pt 2.1

notified LR 31 October 2003
s 1, s 2 commenced 31 October 2003 (LA s 75 (1))
sch 2 pt 2.1 commenced 30 April 2004 (s 2 and LA s 79)

Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.9

notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))

sch 1 pt 1.9 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)

Legal Profession Act 2006 A2006-25 sch 2 pt 2.2

notified LR 21 June 2006

s 1, s 2 commenced 21 June 2006 (LA s 75 (1))

sch 2 pt 2.2 commenced 1 July 2006 (s 2)

Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 2 pt 2.9

notified LR 28 September 2006

s 1, s 2 commenced 28 September 2006 (LA s 75 (1))

sch 2 pt 2.9 commenced 29 September 2006 (s 2 (1))

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.19

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.19 commenced 12 April 2007 (s 2 (1))

Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.14

notified LR 12 August 2008

s 1, s 2 commenced 12 August 2008 (LA s 75 (1))

sch 3 pt 3.14 commenced 26 August 2008 (s 2)

4     Amendment history

Name of Act
s 1     sub A2007-3 amdt 3.84

Dictionary
s 2     om 2001 No 44 amdt 1.758
    ins A2007-3 amdt 3.85

Notes
s 3 hdg     sub 2001 No 44 amdt 1.759
s 3     am 1990 No 32 s 4; 2001 No 44 amdts 1.760-1.762; ss renum R4 LA (see 2001 No 44 amdt 1.763)
    sub A2007-3 amdt 3.85

Application of Act
s 4     prev s 4
    am 1991 No 36 s 4
    defs reloc to dict A2007-3 amdt 3.88
    om A2007-3 amdt 3.89
    def power of appointment or power to appoint om A2007-3 amdt 3.87
    pres s 4
    ins A2007-3 amdt 3.85

Crown to be bound
s 5     am 1989 No 38 sch 1
    om 1993 No 44 sch 2

Presumption of single arbitrator
s 6     sub 1991 No 36 s 5

Presumption as to joint appointment of arbitrator
s 7     am 1991 No 36 s 6

Default in the exercise of power to appoint arbitrator
s 8     am A2007-3 amdt 3.90

Power to appoint new arbitrator or umpire
s 9     am A2007-3 amdt 3.91

Appointment of umpire
s 12     am 1991 No 36 s 7; A2008-28 amdt 3.50

How decisions are made
s 15     sub 1991 No 36 s 8

Circumstances in which umpires may enter on arbitration
s 16     am 1991 No 36 s 9; A2008-28 amdt 3.51

Subpoenas to attend etc
s 17     sub A2004-60 amdt 1.33
    am A2006-40 amdt 2.71

Failure to attend before arbitrator or umpire etc
s 18 hdg     sub A2004-60 amdt 1.34
s 18     am 1991 No 36 s 10
    am A2004-60 amdts 1.35-1.40; A2008-28 amdts 3.52-3.54; ss renum R10 LA

Evidence before arbitrator or umpire
s 19     am 1991 No 36 s 11

Representation
s 20     sub 1991 No 36 s 12
    am A2006-25 amdt 2.2, amdt 2.3

Appearance by audiovisual or audio links
s 20A     ins 1999 No 22 s 8
    am 2000 No 17 sch 1; A2003-48 amdt 2.1

Effect of appointment of new arbitrator or umpire on evidence previously given and awards and determinations previously made
s 21     am 1991 No 36 s 13

Determinations to be made according to law or as amiable compositeur or ex aequo et bono (see UNCITRAL Arbitration Rules art 33, par 2)
s 22     am 1991 No 36 s 14

Interim awards
s 23     am 1991 No 36 s 15

Specific performance
s 24     am 1991 No 36 s 16

Consolidation of arbitration proceedings
s 26     sub 1991 No 36 s 17

Settlement of disputes otherwise than by arbitration
s 27     sub 1991 No 36 s 17

Award to be final
s 28     am 1991 No 36 s 18

Form of award
s 29     am 1991 No 36 s 19

Interest up to making of award
s 31     am 1991 No 36 s 20

Interest on debt under award
s 32     am 1991 No 36 s 21

Enforcement of award
s 33     am 1991 No 36 s 22

Costs
s 34     am 1991 No 36 s 23; A2006-40 amdts 2.72-2.74; A2008-28 amdt 3.55

Assessment of arbitrator's or umpire's fees or expenses
s 35 hdg     sub A2006-40 amdt 2.75
s 35     am 1991 No 36 s 24; A2006-40 amdts 2.76-2.79

Costs of abortive arbitration
s 36     am 1991 No 36 s 25

Judicial review of awards
s 38     am 1991 No 36 s 26; A2006-40 amdt 2.80, amdt 2.81

Exclusion agreements not to apply in certain cases
s 41     am 1991 No 36 s 27

Delay in prosecuting claims
s 46     am 1991 No 36 s 28

Death of party
s 52     am 1991 No 36 s 29

Power to stay court proceedings
s 53     am 1991 No 36 s 30; A2006-40 amdt 2.82

Effect of Scott v Avery clauses
s 55     am 1991 No 36 s 31

Power to stay court proceedings
s 56     om A2006-40 amdt 2.83

Regulation-making power
s 58     am 1988 No 17 sch 2; 1989 No 38 sch 1
    sub 2001 No 44 amdt 1.764

Dictionary
dict     ins A2007-3 amdt 3.92
    am A2008-28 amdt 3.56
    def arbitration agreement reloc from s 4 A2007-3 amdt 3.88
    def arbitrator ins A2007-3 amdt 3.92
    def award reloc from s 4 A2007-3 amdt 3.88
    def court sub A2007-3 amdt 3.86
    reloc from s 4 A2007-3 amdt 3.88
    def misconduct reloc from s 4 A2007-3 amdt 3.88
    def party reloc from s 4 A2007-3 amdt 3.88
    def power of appointment ins A2007-3 amdt 3.87
    reloc from s 4 A2007-3 amdt 3.88

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Act 1991 No 36	31 March 1992
2	Act 1993 No 44	31 January 1994
3	Act 2000 No 17	1 June 2000
4	A2001-44	13 February 2002
5	A2003-48	30 April 2004
6	A2004-60	10 January 2005
7	A2006-25	1 July 2006
8	A2006-40	29 September 2006
9	A2007-3	12 April 2007

© Australian Capital Territory 2008

Australian Capital Territory

A1986-84

Republication No 10

Effective: 26 August 2008

Republication date: 26 August 2008

Last amendment made by A2008-28






Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Commercial Arbitration Act 1986 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 August 2008. It also includes any amendment, repeal or expiry affecting the republished law to 26 August 2008.

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Commercial Arbitration Act 1986

Endnotes

Australian Capital Territory

Commercial Arbitration Act 1986