New South Wales Consolidated Acts

COMMERCIAL ARBITRATION ACT 1984 - SECT 3

3 Repeal, transitional and application provisions

(1) The Acts mentioned in Schedule 1 are repealed to the extent to which they are in that Schedule expressed to be repealed.

(2) Subject to subsection (3):

(a) this Act applies to an arbitration agreement (whether made before or after the commencement of this Act) and to an arbitration under such an agreement, and

(b) a reference in an arbitration agreement to the Arbitration Act 1902 , or a provision of that Act, shall be construed as a reference to this Act or to the corresponding provision (if any) of this Act.

(3) Where an arbitration was commenced before the commencement of this Act, the law governing the arbitration and the arbitration agreement shall be that which would have been applicable if this Act had not been enacted.

(4) Subject to this section, this Act shall apply to arbitrations provided for in any other Act as if:

(a) the other Act were an arbitration agreement,

(b) the arbitration were pursuant to an arbitration agreement, and

(c) the parties to the dispute which, by virtue of the other Act, is referred to arbitration were the parties to the arbitration agreement,

except in so far as the other Act otherwise indicates or requires.

(5) For the purposes of this section, an arbitration shall be deemed to have been commenced if:

(a) a dispute to which the relevant arbitration agreement applies has arisen, and

(b) a party to the agreement:

(i) has served on another party to the agreement a notice requiring that other party to appoint an arbitrator or to join or concur in or approve of the appointment of an arbitrator in relation to the dispute,

(ii) has served on another party to the agreement a notice requiring that other party to refer, or to concur in the reference of, the dispute to arbitration, or

(iii) has taken any other step contemplated by the agreement, or the law in force at the time the dispute arose, with a view to referring the dispute to arbitration or appointing, or securing the appointment of, an arbitrator in relation to the dispute.

(6) Nothing in this Act applies to:

(a) an arbitration under the Supreme Court Act 1970 , the District Court Act 1973 or Part 5 of the Civil Procedure Act 2005 (except to the extent that those Acts expressly provide for the application of this Act), or

(b) an arbitration, or class of arbitrations, prescribed as an arbitration, or class of arbitrations, to which this Act does not apply.

(7) Nothing in this Act shall affect the operation of section 19 of the Insurance Act 1902 or section 130 of the Credit Act 1984 .

(8) Nothing in this Act affects the operation of Part 3 of the Building and Construction Industry Security of Payment Act 1999 .