Victorian Consolidated Legislation

Commercial Arbitration Act 1984 - SECT 11

Power of the Court where arbitrator or umpire is removed

11. Power of the Court where arbitrator or umpire is removed



(1) Where an arbitrator or umpire is removed by the Court, the Court may, on
the application of a party to the arbitration agreement-

   (a)  appoint a person as arbitrator or umpire in place of the person
        removed; or

   (b)  subject to subsection (2), order that the arbitration agreement shall
        cease to have effect with respect to the dispute to which the
        arbitration relates.

(2) Subsection (1)(b) does not apply unless all the parties to the arbitration
agreement are domiciled or ordinarily resident in Australia at the time the
arbitration agreement is entered into.

(3) Subsection (2) does not apply to an arbitration agreement that is treated
as an arbitration agreement for the purposes of this Act by virtue only of the
operation of section 3(4)(a).