South Australian Consolidated Acts

COMMERCIAL ARBITRATION AND INDUSTRIAL REFERRAL AGREEMENTS ACT 1986 - SECT 11

11—Power of the Court where arbitrator or umpire removed

        (1)         Where an arbitrator or umpire is removed by the Court, the Court may, on the application of a party to the arbitration agreement—

            (a)         appoint a person as arbitrator or umpire in place of the person removed; or

            (b)         subject to subsection (2), order that the arbitration agreement shall cease to have effect with respect to the dispute to which the arbitration relates.

        (2)         Subsection (1)(b) does not apply unless all the parties to the arbitration agreement are domiciled or ordinarily resident in Australia at the time the arbitration agreement is entered into.

        (3)         Subsection (2) does not apply to an arbitration agreement that is treated as an arbitration agreement for the purposes of this Act by virtue only of the operation of section 3(4)(a).