COMMERCIAL ARBITRATION ACT 1984 - As at 1 October 2010 - Act 160 of 1984
This legislation has been repealed.
COMMERCIAL ARBITRATION ACT 1984
- As at 1 October 2010 - 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)