South Australian Consolidated Acts

COMMERCIAL ARBITRATION AND INDUSTRIAL REFERRAL AGREEMENTS ACT 1986 - SECT 39

39—Determination of preliminary point of law by Supreme Court

        (1)         Subject to subsection (2) and section 40, on an application to the Supreme Court made by any of the parties to an arbitration agreement—

            (a)         with the consent of an arbitrator who has entered on the reference or, if an umpire has entered on the reference, with the consent of the umpire; or

            (b)         with the consent of all other parties,

the Supreme Court shall have jurisdiction to determine any question of law arising in the course of the arbitration.

        (2)         The Supreme Court shall not entertain an application under subsection (1)(a) with respect to any question of law unless it is satisfied that—

            (a)         the determination of the application might produce substantial savings in cost to the parties; and

            (b)         the question of law is one in respect of which permission to appeal would be likely to be granted under section 38(4)(b).