New South Wales Consolidated Acts

AGRICULTURAL TENANCIES ACT 1990 - SECT 26K

26K Application of Commercial Arbitration Act 1984

(1) Subject to this Act and the regulations, the Commercial Arbitration Act 1984 applies to an arbitration under this Act.

(2) The following provisions of the Commercial Arbitration Act 1984 do not apply to an arbitration under this Act:

(a) Part 2,

(b) sections 15 (a), 40, 41, 46 and 60.

(3) The following provisions of the Commercial Arbitration Act 1984 apply to an arbitration under this Act, with the modifications set out below:

(a) section 17 (Parties may obtain subpoenas), as if a reference in that section to the Court were a reference to a registrar of the Local Court,

(b) section 18 (Refusal or failure to attend before arbitrator or umpire or to produce document), as if a reference in that section to the Court were a reference to a registrar of the Local Court and a reference in that section to the Supreme Court were a reference to the Local Court,

(c) section 33 (Enforcement of award), as if a reference in that section to the Court were a reference to a court of competent jurisdiction and leave of the court were not required to proceed to enforcement.

(4) Section 55 of the Commercial Arbitration Act 1984 does not affect the operation of section 22 of this Act.

Note: The Commercial Arbitration Act 1984 contains machinery and other provisions applying to arbitrations. The provisions applying to arbitrations under that Act set out the way in which arbitrators are to conduct arbitration proceedings and powers to require evidence to be given, as well as parties’ rights to representation and other procedural matters. They also provide that an award by an arbitrator is to be final and provide for enforcement procedures. An appeal to the Supreme Court on a question of law is also available under that Act.