New South Wales Consolidated Acts

COMMERCIAL ARBITRATION ACT 1984

- As at 13 December 2007
- Act 160 of 1984

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Repeal, transitional and application provisions
   4.      Definitions
   5.      Crown to be bound

   PART 2 - APPOINTMENT OF ARBITRATORS AND UMPIRES

   6.      Presumption of single arbitrator
   7.      Presumption as to joint appointment of arbitrator
   8.      Default in the exercise of power to appoint arbitrator
   9.      Power to appoint new arbitrator or umpire
   10.     General power of the Court to fill vacancy
   11.     Power of the Court where arbitrator or umpire is removed
   12.     Appointment of umpire
   13.     Position of person appointed by the Court etc

   PART 3 - CONDUCT OF ARBITRATION PROCEEDINGS

   14.     Procedure of arbitrator or umpire
   15.     Manner in which decisions are made
   16.     Circumstances in which umpires may enter on the arbitration
   17.     Parties may obtain subpoenas
   18.     Refusal or failure to attend before arbitrator or umpire or to produce document
   19.     Evidence before arbitrator or umpire
   20.     Representation
   21.     Effect of appointment of new arbitrator or umpire on evidence previously given and awards and determinations previously made
   22.     Determination to be made according to law or as amiable compositeur or ex aequo et bono (See UNCITRAL Arbitration Rules Article 33, paragraph 2)
   23.     Interim awards
   24.     Specific performance
   25.     Extension of ambit of arbitration proceedings
   26.     Consolidation of arbitration proceedings
   27.     Settlement of disputes otherwise than by arbitration

   PART 4 - AWARDS AND COSTS

   28.     Award to be final
   29.     Form of award
   30.     Power to correct award
   31.     Interest up to making of award
   32.     Interest on debt under award
   33.     Enforcement of award
   34.     Costs
   35.     Assessment of arbitrator’s or umpire’s fees and expenses
   35A.    Application of Division 11 of Part 3.2 of Legal Profession Act 2004
   36.     Costs of abortive arbitration
   37.     Duties of parties

   PART 5 - POWERS OF THE COURT

   38.     Judicial review of awards
   39.     Determination of preliminary point of law by Supreme Court
   40.     Exclusion agreements affecting rights under sections 38 and 39
   41.     Exclusion agreements not to apply in certain cases
   42.     Power to set aside award
   43.     Court may remit matter for reconsideration
   44.     Removal of arbitrator or umpire
   45.     Party not prevented from alleging that arbitrator appointed by that party is not impartial, suitable or competent
   46.     Delay in prosecuting claims
   47.     General power of the Court to make interlocutory orders
   48.     Extension of time
   49.     Power to impose terms on orders etc

   PART 6 - GENERAL PROVISIONS AS TO ARBITRATION

   50.     Authority of arbitrator or umpire
   51.     Liability of arbitrator or umpire
   52.     Death of party
   53.     Power to stay court proceedings
   54.     Interpleader
   55.     Effect of Scott v Avery clauses

   PART 7 - (Repealed)
   None

   PART 8 - MISCELLANEOUS

   60.     Service of notices
   61.     (Repealed)
   62.     Supreme Court rules
   63.     District Court rules
   64.     Regulations
   65.     Saving
           SCHEDULE 1
           Schedule 2 (Repealed)