Australian Capital Territory Consolidated Acts

COMMERCIAL ARBITRATION ACT 1986 - SECT 41

    (1)     Subject to subsection (2), if an award or a question of law arising in the course of an arbitration relates, in whole or in part, to—

        (a)     a question or claim falling within the admiralty jurisdiction of the Supreme Court; or

        (b)     a dispute arising out of a contract of insurance;

an exclusion agreement shall have no effect in relation to the award or question unless either—

        (c)     the exclusion agreement is entered into after the commencement of the arbitration in which the award is made or, as the case requires, in which the question of law arises; or

        (d)     the award or question relates to a contract which is expressed to be governed by a law other than the law of the ACT.

    (2)     The regulations may provide that subsection (1)—

        (a)     shall cease to have effect; or

        (b)     subject to such conditions as may be specified in the regulations, shall not apply to any exclusion agreement made in relation to an award of a description specified in the regulations;

and regulations made under this subsection may contain supplementary, incidental and transitional provisions.