Victorian Consolidated Legislation

Commercial Arbitration Act 1984 - SECT 4

Definitions

4. Definitions



(1) In this Act unless inconsistent with the context or subject-matter-

arbitration agreement means an agreement in writing to refer present or future
disputes to arbitration;

award means final or interim award;

misconduct includes corruption, fraud, partiality, bias and a breach of the
rules of natural justice;

party, in relation to an arbitration agreement, includes any person claiming
through or under a party to the arbitration agreement;

power of appointment or power to appoint, in relation to an arbitrator or
umpire, means a power to appoint an arbitrator or umpire, to join in the
appointment of an arbitrator or umpire, to concur in or approve of the
appointment of an arbitrator or umpire, or to take any other step in or
towards the appointment of an arbitrator or umpire;

* * * * *





the Court means the Supreme Court or, if the amount in dispute is within the
jurisdiction of the County Court, the County Court.

(2) Where-

   (a)  an arbitration agreement provides that the County Court shall have
        jurisdiction under this Act; or

   (b)  the parties to an arbitration agreement have agreed in writing that
        the County Court shall have jurisdiction under this Act and that
        agreement is in force-

a reference in this Act to the Court is, in relation to that agreement, a
reference to the County Court.

(3) A reference in this Act to an arbitrator includes, in a case where there
are 2 or more arbitrators, a reference to the arbitrators.