South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"arbitration agreement" means an agreement in writing to refer present or
future disputes to arbitration;
"award" means final or interim award;
"the Court" means—
(a) the
Supreme Court; or
(b)
if—
(i)
the dispute referred or sought to be referred to
arbitration would, but for the arbitration agreement, be justiciable by a
District Court; or
(ii)
the parties have (either in the arbitration agreement or
some collateral agreement) agreed that a District Court should have
jurisdiction in relation to matters arising under the
arbitration agreement—
the District Court; or
(c)
if—
(i)
the dispute referred or sought to be referred to
arbitration would, but for the arbitration agreement, be justiciable by the
Magistrates Court; or
(ii)
the parties have (either in the arbitration agreement or
some collateral agreement) agreed that the Magistrates Court should have
jurisdiction in relation to matters arising under the arbitration agreement,
the Magistrates Court;
"misconduct" includes corruption, fraud, partiality, bias and a breach of the
rules of natural justice;
"party", in relation to an arbitration agreement, includes any person claiming
through or under a party to the arbitration agreement;
"power of appointment" or "power to appoint", in relation to an arbitrator or
umpire, means a power to appoint an arbitrator or umpire, to join in the
appointment of an arbitrator or umpire, to concur in or approve of the
appointment of an arbitrator or umpire, or to take any other step in or
towards the appointment of an arbitrator or umpire.
(2) A reference in
this Act to an arbitrator includes, in a case where there are two or more
arbitrators, a reference to the arbitrators.