AustLII Tasmanian Consolidated Acts

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COMMERCIAL ARBITRATION ACT 1986 - SECT 41

41. Exclusion agreements not to apply in certain cases

      (1) Subject to subsection (3), if an award or a question of law arising in the course of an arbitration relates, in whole or in part, to –

(a) a question or claim falling within the Admiralty jurisdiction of the Court;

(b) a dispute arising out of a contract of insurance; or

(c) a dispute arising out of a commodity contract –

an exclusion agreement shall have no effect in relation to the award or question unless either –

(d) 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; or

(e) the award or question relates to a contract which is expressed to be governed by a law other than the law of Tasmania.

      (2) In subsection (1)(c) "commodity contract" means a contract –

(a) for the sale of goods regularly dealt with on a commodity market or exchange in Tasmania which is prescribed by regulation for the purposes of this section; and

(b) of a description prescribed by regulation for the purposes of this section.

      (3) The Governor may by regulation provide that subsection (1) –

(a) shall cease to have effect; or

(b) subject to such conditions as may be specified in the regulation, shall not apply to any exclusion agreement made in relation to an award of a description specified in the regulation –

and a regulation made under this subsection may contain such supplementary, incidental, and transitional provisions as appear to the Governor to be necessary.



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