Victorian Consolidated Legislation

Commercial Arbitration Act 1984 - SECT 21

Effect of appointment of new arbitrator or umpire on evidence previously given1

21. Effect of appointment of new arbitrator or umpire on evidence previously
given1

Unless otherwise agreed in writing by the parties to the arbitration
agreement, where an umpire enters on the arbitration in place of the
arbitrators and as if the umpire were the sole arbitrator or a new arbitrator
or umpire is appointed in place of an arbitrator or umpire who dies or
otherwise ceases to hold office-

   (a)  the umpire or arbitrator shall treat any evidence given, document
        produced or thing done in the course of the earlier proceedings in the
        same manner in all respects as if it had been given, produced or done
        in the course of the proceedings conducted by the umpire or
        arbitrator;

   (b)  any interim award made in the course of the earlier proceedings shall
        be deemed to have been made by the umpire or arbitrator; and

   (c)  the umpire or arbitrator may adopt and act on any determination of a
        matter made in the course of the earlier proceedings without applying
        his or her own judgment to the matter.