Victorian Consolidated Legislation

Commercial Arbitration Act 1984 - SECT 22

Arbitrator to decide according to law or fairness2

22. Arbitrator to decide according to law or fairness2



(1) Unless otherwise agreed in writing by the parties to the arbitration
agreement, any question that arises for determination in the course of
proceedings under the agreement shall be determined according to law.

(2) If the parties to an arbitration agreement so agree in writing, the
arbitrator or umpire may determine any question that arises for determination
in the course of proceedings under the agreement by reference to
considerations of general justice and fairness.3