South Australian Consolidated Acts South Australian Consolidated Acts40—Exclusion agreements affecting rights under sections 38 and 39
(1) Subject to this
section and section 41—
(a) the
Supreme Court shall not, under section 38(4)(b), give permission to
appeal with respect to a question of law arising out of an award; and
(b) no
application may be made under section 39(1)(a) with respect to a question
of law,
if there is in force an agreement in writing (in this section and
section 41 referred to as an "exclusion agreement") between the parties
to the arbitration agreement which excludes the right of appeal under
section 38(2) in relation to the award or, in the case falling within
paragraph (b), in relation to an award to which the determination of the
question of law is material.
(2) An
exclusion agreement may be expressed so as to relate to a particular award, to
awards under a particular arbitration agreement or to any other description of
awards, whether arising out of the same arbitration agreement or not.
(3) An agreement may
be an exclusion agreement for the purposes of this section whether it is
entered into before or after the commencement of this Act and whether or not
it forms part of an arbitration agreement.
(4) Except as provided
by subsection (1), sections 38 and 39 shall have effect
notwithstanding anything in any agreement purporting—
(a) to
prohibit or restrict access to the Supreme Court; or
(b) to
restrict the jurisdiction of the Supreme Court.
(5) An
exclusion agreement shall be of no effect in relation to an award made on, or
a question of law arising in the course of, an arbitration being an
arbitration under any other Act.
(6) An
exclusion agreement shall be of no effect in relation to an award made on, or
a question of law arising in the course of, an arbitration under an
arbitration agreement which is a domestic arbitration agreement unless the
exclusion agreement is entered into after the commencement of the arbitration
in which the award is made or, as the case requires, in which the question of
law arises.
(7) In this
section—
"domestic arbitration agreement" means an arbitration agreement which does not
provide, expressly or by implication, for arbitration in a country other than
Australia and to which neither—
(a) an
individual who is a national of, or habitually resident in, any country other
than Australia; nor
(b) a
body corporate which is incorporated in, or whose central management and
control is exercised in, any country other than Australia,
is a party at the time the arbitration agreement is entered into.