AustLII Tasmanian Consolidated Acts

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COMMERCIAL ARBITRATION ACT 1986 - SECT 22

22. Determination to be made according to law or as amiable compositeur or ex aequo et bono

      (1) Unless otherwise agreed in writing by the parties to the arbitration agreement, any question that arises for determination in the course of proceedings under the agreement shall be determined according to law.

      (2) If the parties to an arbitration agreement so agree in writing, the arbitrator or umpire may determine any question that arises for determination in the course of proceedings under the agreement by reference to considerations of general justice and fairness.



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