Australian Capital Territory Consolidated Acts

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COMMERCIAL ARBITRATION ACT 1986 - SECT 20A

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    (1)     This section applies where, in relation to a proceeding or a part of a proceeding (the relevant proceeding), the arbitrator or umpire has given a direction under the Evidence (Miscellaneous Provisions) Act 1991 , section 20 (1) (Territory courts may take evidence and submissions from outside ACT) or section 32 (1) (Use of link in proceedings).

    (2)     Where this section applies a person who, in a relevant proceeding—

        (a)     is required or entitled to appear personally, whether as a party or as a witness; or

        (b)     is entitled to appear for another person;

may appear in that proceeding and participate or give evidence, as the case requires, in accordance with the direction.

    (3)     A person who appears in a relevant proceeding in accordance with this section shall be taken to be before the arbitrator or umpire.

    (4)     An arbitrator or umpire shall not give a direction referred to in subsection (1) if the arbitration agreement expresses the intention that such a direction not be given.



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