COMMERCIAL ARBITRATION ACT 2011
Table of Provisions
PART 1A--PRELIMINARY
PART 1--GENERAL PROVISIONS
- 1 Scope of application (cf Model Law Art 1)
- 2 Definitions and rules of interpretation (cf Model Law Art 2)
- 2A International origin and general principles (cf Model Law Art 2A)
- 3 Receipt of written communications (cf Model Law Art 3)
- 4 Waiver of right to object (cf Model Law Art 4)
- 5 Extent of court intervention (cf Model Law Art 5)
- 6 Court for certain functions of arbitration assistance and supervision (cf Model Law Art 6)
PART 2--ARBITRATION AGREEMENT
- 7 Definition and form of arbitration agreement (cf Model Law Art 7)
- 8 Arbitration agreement and substantive claim before court (cf Model Law Art 8)
- 9 Arbitration agreement and interim measures by court (cf Model Law Art 9)
PART 3--COMPOSITION OF ARBITRAL TRIBUNAL
- 10 Number of arbitrators (cf Model Law Art 10)
- 11 Appointment of arbitrators (cf Model Law Art 11)
- 12 Grounds for challenge (cf Model Law Art 12)
- 13 Challenge procedure (cf Model Law Art 13)
- 14 Failure or impossibility to act (cf Model Law Art 14)
- 15 Appointment of substitute arbitrator (cf Model Law Art 15)
PART 4--JURISDICTION OF ARBITRAL TRIBUNAL
- 16 Competence of arbitral tribunal to rule on its jurisdiction (cf Model Law Art 16)
PART 4A--INTERIM MEASURES
Division 1--Interim measures
- 17 Power of arbitral tribunal to order interim measures (cf Model Law Art 17)
- 17A Conditions for granting interim measures (cf Model Law Art 17A)
Division 2--Preliminary orders
Division 3--Provisions applicable to interim measures
- 17D Modification, suspension, termination (cf Model Law Art 17D)
- 17E Provision of security (cf Model Law Art 17E)
- 17F Disclosure (cf Model Law Art 17F)
- 17G Costs and damages (cf Model Law Art 17G)
Division 4--Recognition and enforcement of interim measures
- 17H Recognition and enforcement (cf Model Law Art 17H)
- 17I Grounds for refusing recognition or enforcement (cf Model Law Art 17I)
Division 5--Court-ordered interim measures
- 17J Court-ordered interim measures (cf Model Law Art 17J)
PART 5--CONDUCT OF ARBITRAL PROCEEDINGS
- 18 Equal treatment of parties (cf Model Law Art 18)
- 19 Determination of rules of procedure (cf Model Law Art 19)
- 20 Place of arbitration (cf Model Law Art 20)
- 21 Commencement of arbitral proceedings (cf Model Law Art 21)
- 22 Language (cf Model Law Art 22)
- 23 Statements of claim and defence (cf Model Law Art 23)
- 24 Hearings and written proceedings (cf Model Law Art 24)
- 24A Representation
- 24B General duties of parties
- 25 Default of a party (cf Model Law Art 25)
- 26 Expert appointed by arbitral tribunal (cf Model Law Art 26)
- 27 Court assistance in taking evidence (cf Model Law Art 27)
- 27A Parties may obtain subpoenas
- 27B Refusal or failure to attend before arbitral tribunal or to produce document
- 27C Consolidation of arbitral proceedings
- 27D Power of arbitrator to act as mediator, conciliator or other non‑arbitral intermediary
- 27E Disclosure of confidential information
- 27F Circumstances in which confidential information may be disclosed
- 27G Arbitral tribunal may allow disclosure of confidential information in certain circumstances
- 27H The Court may prohibit disclosure of confidential information in certain circumstances
- 27I The Court may allow disclosure of confidential information in certain circumstances
- 27J Determination of preliminary point of law by the Court
PART 6--MAKING OF AWARD AND TERMINATION OF PROCEEDINGS
- 28 Rules applicable to substance of dispute (cf Model Law Art 28)
- 29 Decision-making by panel of arbitrators (cf Model Law Art 29)
- 30 Settlement (cf Model Law Art 30)
- 31 Form and contents of award (cf Model Law Art 31)
- 32 Termination of proceedings (cf Model Law Art 32)
- 33 Correction and interpretation of award; additional award (cf Model Law Art 33)
- 33A Specific performance
- 33B Costs
- 33C Application of Legal Profession Uniform Law (Victoria)
- 33D Costs of abortive arbitration
- 33E Interest up to making of award
- 33F Interest on debt under award
PART 7--RECOURSE AGAINST AWARD
- 34 Application for setting aside as exclusive recourse against arbitral award (cf Model Law Art 34)
- 34A Appeals against awards
PART 8--RECOGNITION AND ENFORCEMENT OF AWARDS
- 35 Recognition and enforcement (cf Model Law Art 35)
- 36 Grounds for refusing recognition or enforcement (cf Model Law Art 36)
PART 9--MISCELLANEOUS
- 37 Death of party
- 38 Interpleader
- 39 Immunity
- 40 Supreme Court—limitation of jurisdiction
- 41 Court rules
- 42 Regulations