COMMERCIAL ARBITRATION ACT 1984 - SECT 4 Definitions

This legislation has been repealed.

COMMERCIAL ARBITRATION ACT 1984 - SECT 4

4 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:

"arbitration agreement" means an agreement in writing to refer present or future disputes to arbitration.

"assess", in relation to costs, means assess under Division 11 of Part 3.2 of the Legal Profession Act 2004 .

"award" means final or interim award.

"misconduct" includes corruption, fraud, partiality, bias and a breach of the rules of natural justice.

"party", in relation to an arbitration agreement, includes any person claiming through or under a party to the arbitration agreement.

"power of appointment" or "power to appoint", in relation to an arbitrator or umpire, means a power to appoint an arbitrator or umpire, to join in the appointment of an arbitrator or umpire, to concur in or approve of the appointment of an arbitrator or umpire, or to take any other step in or towards the appointment of an arbitrator or umpire.

"the Court" means, subject to subsection (2), the Supreme Court.

(2) Where:

(a) an arbitration agreement provides that the District Court or the Local Court shall have jurisdiction under this Act, or

(b) the parties to an arbitration agreement have agreed in writing that the District Court or the Local Court shall have jurisdiction under this Act and that agreement is in force,

a reference in this Act to the Court is, in relation to that agreement, a reference to the District Court or the Local Court, as the case requires.

(3) A reference in this Act to an arbitrator includes, in a case where there are 2 or more arbitrators, a reference to the arbitrators.