South Australian Consolidated Acts South Australian Consolidated Acts (2) Subject to
subsection (3)—
(a) this
Act applies to an arbitration agreement (whether made before or after the
commencement of this Act) and to an arbitration under such an agreement; and
(b) a
reference in an arbitration agreement to the Arbitration Act 1891 , or a
provision of that Act, shall be construed as a reference to this Act or to the
corresponding provision (if any) of this Act.
(3) Where an
arbitration was commenced before the commencement of this Act, the law
governing the arbitration and the arbitration agreement shall be that which
would have been applicable if this Act had not been enacted.
(4) Subject to this
section, this Act shall apply to arbitrations provided for in any other Act as
if—
(a) the
other Act were an arbitration agreement; and
(b) the
arbitration were pursuant to an arbitration agreement; and
(c) the
parties to the dispute which, by virtue of the other Act, is referred to
arbitration were the parties to the arbitration agreement,
except insofar as the other Act otherwise indicates or requires.
(5) For the purposes
of this section, an arbitration shall be deemed to have been commenced
if—
(a) a
dispute to which the relevant arbitration agreement applies has arisen; and
(b) a
party to the agreement—
(i)
has served on another party to the agreement a notice
requiring that other party to appoint an arbitrator or to join or concur in or
approve of the appointment of an arbitrator in relation to the dispute; or
(ii)
has served on another party to the agreement a notice
requiring that other party to refer, or to concur in the reference of, the
dispute to arbitration; or
(iii)
has taken any other step contemplated by the agreement,
or the law in force at the time the dispute arose, with a view to referring
the dispute to arbitration or appointing, or securing the appointment of, an
arbitrator in relation to the dispute.
(6) If a court refers
a matter to arbitration, the court may direct that this Act is to apply to the
arbitration (either with or without exclusions or modifications specified by
the court) and, in the absence of such a direction, this Act will not apply.
(7) Subject to
subsection (8), this Act does not apply to—
(a) an
arbitration under the Fair Work Act 1994 ; or
(b) an
arbitration or class of arbitrations prescribed by the regulations as an
arbitration, or class of arbitrations, to which this Act does not apply.
(8)
Subsection (7)(a) does not limit the operation of Schedule 1.
(9) Subject to the
operation of Schedule 1, nothing in the other provisions of this Act,
including subsections (2) to (6) (inclusive) of this section, applies to
a referral agreement.
(10) In this
section—
"referral agreement" means an agreement under Schedule 1.