Victorian Consolidated Legislation

Commercial Arbitration Act 1984 - SECT 52

Death of party

52. Death of party



(1) Unless a contrary intention is expressed in the arbitration agreement,
where a party to an arbitration agreement dies the agreement shall not be
discharged (either as respects the deceased or any other party) and the
authority of an arbitrator or umpire shall not be revoked by the death of that
party but the agreement shall be enforceable by or against the personal
representative of the deceased.

(2) Nothing in subsection (1) shall be taken to affect the operation of any
enactment or rule of law by virtue of which a right of action is extinguished
by the death of a person.