Northern Territory Consolidated Acts

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COMMERCIAL ARBITRATION ACT - SECT 41

Exclusion agreements not to apply in certain cases

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 the Territory.

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

(a) for the sale of goods regularly dealt with on a prescribed commodity market or exchange in the Territory; and

(b) of a prescribed description.

(3) The Regulations may provide that subsection (1) -

(a) shall cease to have effect; or

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

and may contain such supplementary, incidental and transitional provisions as the Administrator thinks fit.



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