Victorian Consolidated Legislation

Commercial Arbitration Act 1984 - SECT 41

Exclusion agreements not to apply in certain cases

41. Exclusion agreements not to apply in certain cases



(1) Subject to subsection (3), if an award or a question of law arising in the
course of an arbitration relates, in whole or in part, to-

   (a)  a question or claim falling within the Admiralty jurisdiction of the
        Supreme Court;

   (b)  a dispute arising out of a contract of insurance; or

   (c)  a dispute arising out of a commodity contract-

an exclusion agreement shall have no effect in relation to the award or
question unless either-

   (d)  the exclusion agreement is entered into after the commencement of the
        arbitration in which the award is made or, as the case requires, in
        which the question of law arises; or

   (e)  the award or question relates to a contract which is expressed to be
        governed by a law other than the law of Victoria.





(2) In subsection (1)(c) commodity contract means a contract-

   (a)  for the sale of goods regularly dealt with on a commodity market or
        exchange in Victoria which is specified for the purposes of this
        section by a regulation made by the Governor in Council; and

   (b)  of a description specified for the purposes of this section by a
        regulation made by the Governor in Council.

(3) The Governor in Council may by regulation provide that subsection (1)-

   (a)  shall cease to have effect; or

   (b)  subject to such conditions as may be specified in the regulation,
        shall not apply to any exclusion agreement made in relation to an
        award of a description specified in the regulation-

and a regulation made under this subsection may contain such supplementary,
incidental and transitional provisions as appear to the Governor in Council to
be necessary.