Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Subject to subsection (2) and section 40, on an application to the Court made by any of the parties to an arbitration agreement –
the Court shall have jurisdiction to determine any question of law arising in the course of the arbitration.(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 the other parties –
(2) The 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 costs to the parties; and
(b) the question of law is one in respect of which leave to appeal would be likely to be granted under section 38(4)(b).
(3) Unless the Court gives leave, no appeal shall lie to the Full Court of the Court from a decision of the Court to entertain or not to entertain an application under subsection (1)(a).
(4) An appeal shall not lie to the Full Court of the Court from a decision of the Court on a question of law under subsection (1) unless –
and for the purpose of such an appeal a decision of the Court under that subsection shall be deemed to be a judgment of the Court.(a) the Court or the Full Court of the Court grants leave; and
(b) it is certified by the Court that the question of law to which its decision relates either is one of general public importance or is one which for some other special reason should be considered by the Full Court of the Court –