Victorian Consolidated Legislation

Commercial Arbitration Act 1984 - SECT 18

Refusal or failure to attend before arbitrator or umpire etc.

18. Refusal or failure to attend before arbitrator or umpire etc.



(1) Unless a contrary intention is expressed in the arbitration agreement,
where any person (whether or not a party to the agreement)-

   (a)  refuses or fails to attend before the arbitrator or umpire for
        examination when required under an order or summons or by the
        arbitrator or umpire to do so;

   (b)  appearing as a witness before the arbitrator or umpire-

   (i)  refuses or fails to take an oath or to make an affirmation or
        affidavit when required by the arbitrator or umpire to do so;

   (ii) refuses or fails to answer a question that the witness is required by
        the arbitrator or umpire to answer; or

   (iii) refuses or fails to produce a document that the witness is required
        under an order or summons or by the arbitrator or umpire to produce;
        or

   (c)  refuses or fails to do any other thing which the arbitrator or umpire
        may require-

a party to the arbitration agreement or the arbitrator or umpire may apply to
the Court and the Court may order the person so in default to attend before
the Court for examination or to produce to the Court the relevant document or
to do the relevant thing.





(2) Where the Court makes an order under subsection (1) it may in addition
make orders for the transmission to the arbitrator or umpire of-

   (a)  a record of any evidence given pursuant to the order;



   (b)  any document produced pursuant to the order or a copy of any such
        document; or



   (c)  particulars of anything done pursuant to the order-

and any such evidence, document or thing shall be deemed to have been given,
produced or done (as the case requires) in the course of the arbitration
proceedings.

(3) If a party to an arbitration agreement-

   (a)  refuses or fails to attend before the arbitrator or umpire for
        examination when required under an order or summons or by the
        arbitrator or umpire to do so; or

   (b)  fails within the time specified by the arbitrator or umpire or, if no
        time is so specified, within a reasonable time to comply with a
        requirement of the arbitrator or umpire-

the arbitrator or umpire may continue with the arbitration proceedings in
default of appearance or of any other act by the party if in similar
proceedings before the Supreme Court the Supreme Court could in the event of
such a default continue with the proceedings.