COMMERCIAL ARBITRATION ACT 2013 - As at 25 May 2020 - Act 8 of 2013

Table of Provisions

• Long Title

PART 1A - PRELIMINARY

• 1AA Short title
• 1AB Commencement
• 1AC Paramount object of Act
• 1AD Act binds all persons

PART 1 - GENERAL PROVISIONS

• 1 Scope of application (cf Model Law Art 1)
• 2 Definitions and rules of interpretation (cf Model Law Art 2)
• 2A International origin and general principles (cf Model Law Art 2A)
• 3 Receipt of written communications (cf Model Law Art 3)
• 4 Waiver of right to object (cf Model Law Art 4)
• 5 Extent of court intervention (cf Model Law Art 5)
• 6 Court for certain functions of arbitration assistance and supervision (cf Model Law Art 6)

PART 2 - ARBITRATION AGREEMENT

• 7 Definition and form of arbitration agreement (cf Model Law Art 7)
• 8 Arbitration agreement and substantive claim before court (cf Model Law Art 8)
• 9 Arbitration agreement and interim measures by court (cf Model Law Art 9)

PART 3 - COMPOSITION OF ARBITRAL TRIBUNAL

• 10 Number of arbitrators (cf Model Law Art 10)
• 11 Appointment of arbitrators (cf Model Law Art 11)
• 12 Grounds for challenge (cf Model Law Art 12)
• 13 Challenge procedure (cf Model Law Art 13)
• 14 Failure or impossibility to act (cf Model Law Art 14)
• 15 Appointment of substitute arbitrator (cf Model Law Art 15)

PART 4 - JURISDICTION OF ARBITRAL TRIBUNAL

• 16 Competence of arbitral tribunal to rule on its jurisdiction (cf Model Law Art 16)

PART 4A - INTERIM MEASURES

Division 1 - Interim measures

• 17 Power of arbitral tribunal to order interim measures (cf Model Law Art 17)
• 17A Conditions for granting interim measures (cf Model Law Art 17A)

Division 2 - Preliminary orders

• 17B Applications for preliminary orders and conditions for granting preliminary orders (cf Model Law Art 17B)
• 17C Specific regime for preliminary orders (cf Model Law Art 17)

Division 3 - Provisions applicable to interim measures

• 17D Modification, suspension, termination (cf Model Law Art 17D)
• 17E Provision of security (cf Model Law Art 17E)
• 17F Disclosure (cf Model Law Art 17F)
• 17G Costs and damages (cf Model Law Art 17G)

Division 4 - Recognition and enforcement of interim measures

• 17H Recognition and enforcement (cf Model Law Art 17H)
• 17I Grounds for refusing recognition or enforcement (cf Model Law Art 17I)

Division 5 - Court-ordered interim measures

• 17J Court-ordered interim measures (cf Model Law Art 17J)

PART 5 - CONDUCT OF ARBITRAL PROCEEDINGS

• 18 Equal treatment of parties (cf Model Law Art 18)
• 19 Determination of rules of procedure (cf Model Law Art 19)
• 20 Place of arbitration (cf Model Law Art 20)
• 21 Commencement of arbitral proceedings (cf Model Law Art 21)
• 22 Language (cf Model Law Art 22)
• 23 Statements of claim and defence (cf Model Law Art 23)
• 24 Hearings and written proceedings (cf Model Law Art 24)
• 24A Representation
• 24B General duties of parties
• 25 Default of a party (cf Model Law Art 25)
• 26 Expert appointed by arbitral tribunal (cf Model Law Art 26)
• 27 Court assistance in taking evidence (cf Model Law Art 27)
• 27A Parties may obtain subpoenas
• 27B Refusal or failure to attend before arbitral tribunal or to produce document
• 27C Consolidation of arbitral proceedings
• 27D Power of arbitrator to act as mediator, conciliator or other non-arbitral intermediary
• 27E Disclosure of confidential information
• 27F Circumstances in which confidential information may be disclosed
• 27G Arbitral tribunal may allow disclosure of confidential information in certain circumstances
• 27H The Court may prohibit disclosure of confidential information in certain circumstances
• 27I The Court may allow disclosure of confidential information in certain circumstances
• 27J Determination of preliminary point of law by the Court

PART 6 - MAKING OF AWARD AND TERMINATION OF PROCEEDINGS

• 28 Rules applicable to substance of dispute (cf Model Law Art 28)
• 29 Decision-making by panel of arbitrators (cf Model Law Art 29)
• 30 Settlement (cf Model Law Art 30)
• 31 Form and contents of award (cf Model Law Art 31)
• 32 Termination of proceedings (cf Model Law Art 32)
• 33 Correction and interpretation of award; additional award (cf Model Law Art 33)
• 33A Specific performance
• 33B Costs
• 33C Application of Legal Profession Act 2007
• 33D Costs of abortive arbitration
• 33E Interest up to making of award
• 33F Interest on debt under award

PART 7 - RECOURSE AGAINST AWARD

• 34 Application for setting aside as exclusive recourse against arbitral award (cf Model Law Art 34)
• 34A Appeals against awards

PART 8 - RECOGNITION AND ENFORCEMENT OF AWARDS

• 35 Recognition and enforcement (cf Model Law Art 35)
• 36 Grounds for refusing recognition or enforcement (cf Model Law Art 36)

PART 9 - MISCELLANEOUS

• 37 Death of party
• 38 Interpleader
• 39 Immunity
• 40 Regulation-making power

PART 10 - REPEAL AND TRANSITIONAL PROVISION

Division 1 - Repeal

• 41 Repeal

Division 2 - Transitional provision

• 42 Transitional provision for Commercial Arbitration Act 2013