COMMERCIAL ARBITRATION ACT 1984 - SECT 41 Exclusion agreements not to apply in certain cases

This legislation has been repealed.

COMMERCIAL ARBITRATION ACT 1984 - SECT 41

41 Exclusion agreements not to apply in certain cases

(1) Subject to subsection (3), if an award or a question of law arising in the course of an arbitration relates, in whole or in part, to:

(a) a question or claim falling within the Admiralty jurisdiction of the Supreme Court,

(b) a dispute arising out of a contract of insurance, or

(c) a dispute arising out of a commodity contract,

an exclusion agreement shall have no effect in relation to the award or question unless either:

(d) the exclusion agreement is entered into after the commencement of the arbitration in which the award is made or, as the case requires, in which the question of law arises, or

(e) the award or question relates to a contract which is expressed to be governed by a law other than the law of New South Wales.

(2) In subsection (1) (c), "commodity contract" means a contract:

(a) for the sale of goods regularly dealt with on a commodity market or exchange in New South Wales which is specified for the purposes of this section by a regulation made by the Governor, and

(b) of a description specified for the purposes of this section by a regulation made by the Governor.

(3) The Governor may by regulation provide that subsection (1):

(a) shall cease to have effect, or

(b) subject to such conditions as may be specified in the regulation, shall not apply to any exclusion agreement made in relation to an award of a description specified in the regulation,

and a regulation made under this subsection may contain such supplementary, incidental and transitional provisions as appear to the Governor to be necessary.